Colorado Nursing Home Abuse and Neglect Cases

In Colorado, 45% of nursing homes have been identified as not providing quality care to residents. When a loved one suffers from abuse or neglect in a Colorado nursing home, the impact extends beyond the immediate harm. Victims and their families face physical and pain and suffering, as well as significant financial burdens. Understanding the potential damages available in a nursing home abuse case is crucial for ensuring victims receive full compensation for their suffering and losses. 

The nursing home abuse attorneys at Bowman Law drafted this article to provide helpful information on Colorado nursing home abuse and neglect. We believe awareness about the dangers of abuse may lead to improved care standards and practices in nursing homes, protecting the safety and well-being of the vulnerable residents. In this article, we explore the damages in Colorado nursing home abuse cases and the factors affecting compensation to help families of victims secure justice and proper care for loved ones.

Types of Nursing Home Abuse

Nursing home abuse has been a serious issue in Colorado as it disrupts the peace and damages the health, rights, and dignity of the vulnerable people. Abuse in nursing homes has different forms that negatively affect the residents. These types are categorized as follows:

1. Physical abuse: This form of abuse includes the use of physical force that may lead to bodily injury, pain, or impairment. It happens when actions like hitting, pushing, slapping, or using excessive force, harm a patient.

2. Emotional or psychological abuse: This type of abuse involves verbal or non-verbal behaviors that result in emotional pain, fear, or distress. It occurs when the actions of nursing home staff involve verbal assaults, threats, or humiliation.

3. Sexual abuse: This form of abuse incorporates any forced or non-consensual sexual contact. It takes place when there is unwanted touching, assault, rape, or forced nudity.

4. Financial exploitation: This type of abuse includes the act of illegally or improperly using the money, assets, property, or personal belongings of a victim. It happens in the process of stealing money or possessions or forging signatures.

5. Neglect: This form of abuse involves the failure of a nursing home staff or facility to provide the basic needs and necessary care of a resident. It occurs when staff fail to give adequate food, water, or proper hygiene to the victim. 

Common Injuries in Colorado Nursing Home Abuse Cases

Injuries in nursing home abuse cases in Colorado can be both physical and psychological. Some of the most common incurred injuries of the residents are:

1. Physical injuries:

• Traumatic Brain Injury, or TBI
• Spinal injuries
• Sprains and strains
• Bruises, cuts, and abrasions
• Fractures and broken bones
• Bedsores or pressure ulcers
• Unexplained weight loss or malnutrition
• Dehydration
• Infections
• Muscle atrophy
• Decreased mobility
• Bruising or bleeding in genital areas

2. Psychological injuries:

• Depression
• Anxiety
• Withdrawal from social activities
• Sudden changes in behavior or mood
• Fear or agitation, especially around certain staff members

Factors Affecting a Settlement

Several factors can influence a nursing home abuse settlement in Colorado. Understanding these can help in assessing potential case outcomes:

• Severity and extent of injuries: The more severe the physical, emotional, or financial harm, the higher the potential settlement. Cases involving death, life-threatening injuries, or long-term or permanent physical damage or emotional trauma generally lead to larger compensation.

• Type of abuse: Abuse can take various forms: physical, emotional, financial exploitation, neglect, or sexual abuse. The type and extent of abuse will significantly influence the compensation amount.

• Evidence of abuse: The strength and quality of evidence such as medical records, witness statements, photographs or videos, and expert testimony, plays a huge role. Evidence that will show clear and compelling proof of abuse will lead to a larger settlement.

• History of neglect or abuse of the facility: When the nursing home has a prior history of abuse or neglect cases, especially if there is a pattern of misconduct, it may impact compensation. It can also result in higher punitive damages.

• Age and condition of the victim: The age and previous health condition of the victim may impact the outcome. Younger victims or those in relatively good health before the abuse may pursue higher settlements if the abuse gravely affects their life expectancy or quality of life.

• Insurance coverage: Nursing homes have insurance coverage to handle abuse claims. The limits and numbers of the insurance policies can influence the settlement amount.

• Legal representation: Skilled and experienced attorneys in nursing home abuse cases are capable of negotiating favorable settlements for victims.

• Economic, non-economic, and punitive damages

Economic Damages

Economic damages in Colorado nursing home abuse cases seek reimbursement for the financial losses incurred by the victim. These damages are quantifiable and based on actual monetary losses. The common economic damages are:

• Medical expenses: past costs for medical treatment, including future costs for medical care in cases of severe injury or chronic conditions caused by abuse.

• Cost of long-term care: the cost of specialized nursing, assisted living, or home care services when the abuse leads to additional or more intensive long-term care.

• Lost Income: If you worked prior to the abuse, a claim for lost wages may be pursued.

• Rehabilitation and therapy costs: expenses for physical and occupational therapies, or psychological counseling to recover from the physical or emotional trauma. 

• Cost of health equipment: medical devices, specialized equipment, or modifications to a living space due to injuries sustained from abuse.

• Funeral and burial expenses: In cases involving fatalities, the families may recover compensation for funeral and burial costs.

• Property loss or damage: When the abuse is financial exploitation, you may seek compensation for the money or property stolen by the staff.

• Other expenses like relocation costs for transferring to a different facility, loss of benefits, and out-of-pocket fees like transportation.

Non-Economic Damages

Non-economic damages are compensation for the intangible losses that do not have specific monetary values. These damages focus on the physical and emotional harm the victim suffered due to the abuse.

• Pain and suffering: compensation for the physical pain and suffering you endured as a result of the abuse or neglect. 

• Emotional distress: significant emotional trauma, including anxiety, depression, fear, PTSD, or other psychological impacts, are entitled to settlement for the emotional and mental harms.

• Loss of dignity and humiliation: includes compensation if you suffered degrading treatment, neglect, or verbal abuse.

• Loss of enjoyment of life: involves claims for losses that affect the ability to enjoy life, participate in activities they previously appreciated, or engage in social interactions.

• Loss of consortium for family members: covers settlement for family members, such as spouses, for the loss of companionship, affection, or emotional support due to the injuries or death of their loved ones. 

• Disfigurement or disability: includes compensation for disfigurement like scarring and burns, or permanent disability like loss of mobility and blindness that have permanent impacts on the lives of the victims.

• Grief and sorrow in wrongful death cases: When nursing home abuse leads to the death of a resident, family members can file claims for the grief, sorrow, and emotional suffering they experienced due to the loss of their loved one.

Punitive Damages in Nursing Home Abuse Cases 

Punitive damages are financial penalties imposed on nursing home staff or facilities liable for wrongdoing, intending to punish the defendant. Under Colorado law, claimants may pursue punitive damages when there is evidence the abuse was accompanied by willful and wanton conduct. This is conduct that amounts to a reckless disregard for the safety and rights of other residents. This means the caregivers or facility acted with intentional or reckless indifference to the consequences of their actions. Claimants may also pursue punitive damages when the actions were accompanied by fraud, malice, or bad intent.

Contact a Nursing Home Abuse Lawyer

At Bowman Law, we recognize the profound impact a personal injury can have on your life. Our Colorado nursing home abuse lawyers understand the overwhelming challenges you may be facing. Do not go at it alone. Let us help. Our team of Colorado nursing home abuse lawyers are committed to providing compassionate legal representation to help you navigate this challenging time.

Our client-first approach ensures your needs are at the forefront of everything we do. We pride ourselves on transparency, integrity, and clear communication, guiding you through each step of the legal process. From initial consultation to the resolution of your case, we will guide you through the process. Our goal is to alleviate the stress of legal proceedings so you can focus on your recovery. Bowman Law has a proven record of success.

If you or a loved one has been injured in a nursing home abuse cause of action, do not face the challenges alone. Please send us a message or call us at 720-863-6904 to schedule a free case evaluation. Remember, you have one chance at attaining full and complete justice, and we are here to ensure you seize it. Let Colorado’s top-rated personal injury lawyers fight for your rights, protect your interests, and deliver the justice you deserve. We serve clients across Colorado’s Front Range and beyond, including Denver, Colorado Springs, Boulder, Fort Collins, Westminster, Lakewood, and Aurora. Call us now and take the first step toward reclaiming your life.