Colorado Nursing Home Abuse

Deciding to enlist an elderly loved one in a nursing home is a challenging and difficult process for every family. It brings about a range of emotional, practical, and ethical concerns and considerations that need to be assessed to ensure the safety and well-being of the vulnerable people. Nursing homes are required to offer comprehensive care that includes meeting the basic needs of vulnerable individuals, giving medical care and appropriate medication, and ensuring a safe and clean environment for residents. However, long-term care nursing home facilities fail to live up to these expectations. The Colorado nursing home abuse lawyers at Bowman Law recognize drafted this article to explore the occurrence of abuse in nursing homes and its forms to raise awareness and help in accurate reporting to the authorities of any suspected abuse.

What is Colorado Nursing Home Abuse?

Nursing home abuse is the mistreatment of residents or any harmful action done to vulnerable individuals in long-term care facilities, including nursing homes, assisted living facilities, and other care institutions.

Under the Colorado Revised Statutes § 26-3.1-101, abuse is defined as: “Any knowing infliction of physical pain or injury, unreasonable confinement or restraint, or sexual offense against an at-risk adult.” The law defined an at-risk adult as an individual who is 18 years of age or older and susceptible to mistreatment or self-neglect. The person, such as an elderly individual, cannot perform or obtain services necessary for their health, safety, or welfare, or lacks sufficient understanding or capacity to make or communicate responsible decisions for themselves.

Nursing home abuse is a serious problem in the state that violates and damages the rights and dignity of older people. It can result in civil and criminal charges, which depend on the severity, nature, and effect of the abuse. Family members and caregivers must be vigilant and report any suspected abuse to the authorities to prevent further damage.

How Common is Colorado Nursing Home Abuse

According to the World Health Organization, the number of abuses of older people globally is significantly appalling in institutions such as nursing homes and long-term care facilities. In the United States, research entitled The Elder Justice Roadmap indicated that high rates of neglect, inadequate care, or preventable adverse events persist in nursing homes and other long-term care settings, where over two million residents, primarily elderly, reside. Sadly, many vulnerable people have physical or cognitive impairments, which make them easy targets of abuse. Some of the abuse may go undetected, as residents may be unable to report mistreatment due to communication difficulties, isolation, or fear.

What are the Different Forms of Nursing Home Abuse?

1. Physical abuse: This type of abuse involves the rough handling or use of physical force that may result in bodily injury, pain, or impairment. Physical abuse includes: 

• Slapping, pushing, hitting, choking, kicking, pinching, biting, or burning;
• Severe beatings;
• Using unreasonable physical restraints, such as ropes and chains;
• Overmedicating or withholding medication;
• Unexplained injuries such as bruises, fractures, or burns;

2. Emotional or psychological abuse: This can be verbal or non-verbal behaviors that lead to emotional pain, fear, or distress. Emotional or psychological abuse involves:

• Yelling, swearing, insulting, or making threats;
• Intimidating or humiliating the victim;
• Isolating them from friends, family, or activities;
• Ignoring or neglecting the needs or requests of the resident;

3. Sexual abuse: This is any forced or non-consensual sexual contact. Sexual abuse includes:

• Inappropriate touching or fondling;
• Coerced nudity or sexual acts;
• Forcing the vulnerable individual to watch sexual activities or pornography;
• Engaging a resident in any sexual activity when they cannot consent due to mental or physical incapacity;

4. Financial exploitation: This type of abuse includes the act of withholding the resources or taking money, property, or personal belongings of a vulnerable individual. Financial exploitation also involves the misuse of financial resources by nursing home staff.

• Taking the retirement fund or Social Security benefits of the victim;
• Forging signatures on checks or legal documents;
• Using the credit cards or bank accounts of the vulnerable person;
• Coercing or manipulating a resident to change their will or financial accounts;

5. Neglect: This takes place when caregivers fail to meet the basic needs and necessary care of the resident. Neglect includes:

• Failing to provide adequate food, water, clothing, or hygiene;
• Overlooking medical needs or failing to provide prescribed medication;
• Leaving residents unattended or in unsafe conditions;
• Not assisting residents with mobility, leading to falls or injuries;

Is Neglect Considered Abuse?

Neglect is considered a form of abuse. It occurs when a nursing home fails to provide the proper needs, care, support, or supervision required to maintain the health and well-being of a vulnerable person, such as an elderly resident in a nursing home.

Generally, neglect is divided into two main categories:

• Active Neglect: This is intentional neglect. Active neglect involves a caregiver who deliberately withholds or refuses to provide essential care or services, such as food, water, or medication, to a resident.
• Passive Neglect: This is unintentional neglect. Passive neglect happens when a nursing home fails to offer care due to inexperience, ignorance, or an inability to fulfill their responsibilities. It may arise from a lack of training or resources, and systemic issues.

What is the Difference Between Neglect and Abuse? 

Nursing home abuse involves deliberate actions that harm vulnerable individuals. Meanwhile, neglect can be either intentional or unintentional, which results from the failure to adequately meet the needs of the residents.

Although nursing home abuse and neglect differ, both represent forms of mistreatment that can significantly impact the quality of life of the victims.

Vulnerable people who experience either abuse or neglect in long-term care facilities have the right to take legal action. They may be entitled to compensation for physical injuries, financial losses, loss of enjoyment of life, and pain and suffering. Understanding the difference between abuse and neglect is important to identify mistreatment, report, and address the issues within nursing homes.

Contact our Colorado Nursing Home Abuse Lawyers

At Bowman Law, our nursing home abuse lawyers understand the emotional and psychological trauma a victim of nursing home abuse has to overcome. Our experienced legal team in Colorado specializes in nursing home abuse cases and helps vulnerable individuals get justice for their injuries. We will firmly fight to obtain compensation for the damages your loved one has suffered due to the abuse. If you suspect abuse, contact our office at 720-863-6904 for a free case evaluation and let us seek justice for your loved one. Let us guide you through the entire legal process and protect your rights.

Our law firm is based in Denver. We serve the Front Range, including Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora.