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It’s a sobering fact that while adults over 60 make up only 18 percent of Denver’s population, they account for over 30 percent of the victims of abuse, according to the Denver District Attorney’s Economic Crime Unit. This disproportionate figure is largely due to the prevalent abuse in assisted living homes.
When you make the difficult decision to place a family member in a nursing home, you are entrusting the facility’s employees with their safety. It’s a betrayal of this trust when this safety is compromised.
If you suspect that your loved one is being mistreated at a nursing home facility, do not hesitate to speak with Olson Personal Injury Lawyers today. Our compassionate legal team can jumpstart an investigation into your case and identify any abusers. Call (303) 381-2234 to speak with a Denver nursing home abuse lawyer now.
Table of Contents
- Why Trust Olson Personal Injury Lawyers With Your Nursing Home Abuse Case?
- Types of Nursing Home Abuse and Neglect in Denver
- How Do You Prove Nursing Home Abuse in Denver?
- How Can Our Denver Nursing Home Abuse Lawyers Help Protect Your Loved Ones?
- Denver Nursing Home Abuse FAQs
- What Damages Can You Recover After a Nursing Home Abuse Case?
- Contact a Denver Nursing Home Abuse Lawyer Today
Why Trust Olson Personal Injury Lawyers With Your Nursing Home Abuse Case?
At Olson Personal Injury Lawyers, we take pride in our impressive 99.6 percent success rate with our cases. Since our establishment in 2012, we have been dedicated to providing the best service possible to our clients. Our track record, backed by numerous client testimonials and case results, speaks volumes about our compassionate care and commitment to justice.
Attorney Matthew Broderick used to defend doctors, nurses, and nursing home facilities before he transitioned to representing the injured individuals. Since then, Broderick has won several awards, including the following:
- Colorado Super Lawyer Rising Star – 2021-2025
- Best Lawyers: Ones to Watch – 2023
- Denver Bar Association Young Lawyer of the Year – 2021
We have won multiple nursing home abuse cases for clients, impacting those individuals’ lives for the better.
Types of Nursing Home Abuse and Neglect in Denver
Several types of abuse can take place within a nursing home. You can look for the following signs of mistreatment and neglect in a loved one:
- Physical Abuse: If your loved one has unexplained bruises, fractures, signs of having been restrained, or often suffers injuries accompanied by vague or inconsistent explanations, they could be experiencing physical abuse.
- Sexual Abuse: Some indicators of sexual abuse include unexplained genital infections, torn or bloody underclothing, withdrawal from social activities, and a reluctance to be touched.
- Financial Abuse: A sudden change in financial status, missing funds and personal items, changes to wills and other documents, or bills going unpaid can all be signs of financial abuse.
- Abandonment and Neglect: Your loved one may be experiencing neglect if they consistently have poor hygiene, bedsores, unexplained weight loss, and are found to be wandering due to a lack of supervision.
Every case is unique, and there might be multiple types of abuse involved. Because of this, we always recommend contacting a nursing home abuse attorney in Denver who can take on the bulk of your case.
How Do You Prove Nursing Home Abuse in Denver?
A nursing home abuse or neglect claim follows the same outline as the majority of personal injury and medical malpractice claims. In this type of suit, the plaintiff must establish by a preponderance of the evidence that:
- The nursing home owed a duty of care to the patient – By virtue of being within a nursing home, this is implied. Nursing homes and medical providers within a nursing home, such as doctors and nurses, owe a high duty of care to all nursing home residents.
- Breach of standard of care – The plaintiff must establish that the nursing home facility breached the standard of care owed to the patient via an act of abuse or neglect.
- Causation – In addition to proving that a breach of the standard of care occurred (negligence/malpractice), the plaintiff must prove that the nursing home resident’s harm would not have occurred but for the breach of the standard of care.
- Damages – Finally, in addition to the above, the fact that actual damages were suffered (i.e. physical harm, additional medical expenses, etc.) must be demonstrated.
The abuse or neglect of nursing home residents is a heartbreaking violation of trust. If your loved one has suffered harm, it’s vital to act quickly to protect them and hold the facility accountable. Our experienced attorneys are here to help you seek justice.
How Can Our Denver Nursing Home Abuse Lawyers Help Protect Your Loved Ones?
At Olson Personal Injury Lawyers, our legal team can help you find justice through a nursing home abuse lawsuit by:
- Offering a free case evaluation – During an initial consultation, our attorneys can determine whether you have a case.
- Gathering evidence and analysis – you need evidence to build a strong case. Our Denver nursing home abuse attorneys can help collect crucial documentation to prove that abuse took place.
- Filing a lawsuit – Our team will complete all paperwork and start the litigation process on your behalf. This way, you can focus on your loved one’s healing and recovery.
- Negotiating with insurance companies – Our team will negotiate with insurance companies to ensure a fair settlement.
- Going to trial – If a fair settlement is not reached, our lawyers will not hesitate to take your case to trial.
Working with an attorney who handles nursing home abuse cases is essential. They can navigate your case from start to finish and ensure you get adequate compensation for damages.
Denver Nursing Home Abuse FAQs
What Type Of Evidence Do I Need for My Nursing Home Abuse Case?
To build a compelling case against a nursing home facility for a staff member, you will want to collect the following evidence:
- Medical records showcasing injuries
- Photographs and videos of injuries or mistreatment
- Witness testimony
- Facility records of prior complaints, incident reports, and internal investigations
How Long Do I Have To File a Nursing Home Abuse Case?
In personal injury cases involving abuse and neglect at a nursing home, you have two years from the date of injury to file. Failure to file within this deadline could result in an inability to secure compensation. There are some exceptions to consider, however. For instance, if the harm wasn’t immediately known, the clock may start from the date of discovery.
Similarly, if the victim was mentally incapacitated, the clock may be paused until a guardian or representative can act. Lastly, civil deadlines may be affected if the abuse led to criminal prosecution. Our attorneys can review your case and determine the correct filing deadlines.
How Common Is Elder Abuse in Denver, CO?
Nursing home abuse is much more common than many people realize. Adult Protective Services receives more than 25,000 reports of suspected mistreatment or self-neglect in Colorado each year. As attorney Matthew Broderick puts it:
Matthew Broderick
“Nursing home abuse cases are more common than they should be, and I think the reason for that is that the majority of nursing homes and even assisted living facilities are owned in one way, shape, or form by private equity firms. So what this does is you’ve got nursing home companies that are focused on increasing revenue and decreasing costs, and the result of that is there is systemic understaffing at these facilities because staffing is your biggest cost, and when staffing is low, folks get hurt and unfortunately folks can die”.
How Do You Report Nursing Home Abuse or Neglect in Denver?
If you suspect abuse is taking place at a nursing home in Denver, you can report the alleged abuse to the Colorado Nursing Home Administrators Board or the local Adult Protective Services office. But it’s essential to act quickly. Not only are there legal deadlines to file a claim, but ongoing abuse can lead to further harm and risk fatal injuries for those being mistreated.
What Damages Can You Recover After a Nursing Home Abuse Case?
Nursing home abuse victims may have various forms of compensation available to them. These include economic, non-economic, and punitive damages in certain cases. Economic damages refer to the tangible, objective losses that one may sustain, such as:
- Medical bills
- Lost wages
- Out-of-pocket expenses
- Property damage
Non-economic damages refer to the subjective, intangible losses you experience from abuse. These may include the following:
- Pain and suffering
- Emotional trauma
- Permanent scarring and disability
- Loss of consortium
Also, the court may award punitive damages in rare cases of extremely offensive conduct. The purpose of these damages is to punish the defendant and deter similar behavior in the future.
In cases of fatal injuries, our team can help pursue a wrongful death claim on your family’s behalf. Our elder abuse lawyers can correctly calculate your case and pursue the right amount of damages.
Contact a Denver Nursing Home Abuse Lawyer Today
If you suspect that a nursing home facility or staff member is abusing a resident, do not hesitate to speak with an attorney today. Our Denver nursing home abuse lawyers can begin an investigation into your case, collecting vital evidence and identifying liable parties. Call Olson Personal Injury Lawyers today to schedule a free consultation.
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