Denver Nursing Home Abuse Lawyer
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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. Contact us via our online form or 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?
- How Do You Prove Nursing Home Abuse in Denver?
- How Can Our Denver Nursing Home Abuse Lawyers Help Protect Your Loved Ones?
- Types of Nursing Home Abuse and Neglect in Denver
- What Laws Protect Nursing Home Patients in Denver?
- What Damages Can You Recover After a Nursing Home Abuse Case?
- How Do You Report Nursing Home Abuse or Neglect in Denver?
- Denver Nursing Home Abuse FAQs
- What Are The Signs That Someone May Be Abusing Your Elderly Loved One In Denver?
- Contact a Denver Nursing Home Abuse Lawyer Today
Why Trust Olson Personal Injury Lawyers With Your Nursing Home Abuse Case?
Proven Track Record of Success
At Olson Personal Injury Lawyers, we are proud of our exceptional 99.6% success rate in handling personal injury cases. Since our founding in 2012, we have helped countless clients secure the justice and compensation they deserve, with our results consistently speaking for themselves.
Recognized Firm Achievements
Our firm has successfully represented victims in a wide range of personal injury cases, with notable wins in nursing home abuse litigation that have changed lives. We continue to grow our reputation throughout Colorado for excellence in legal strategy, compassionate client service, and unwavering advocacy.
Our Strengths as a Legal Team
What sets us apart is our client-focused approach, our deep knowledge of personal injury law, and our commitment to thorough case preparation. Clients often commend us for our responsiveness, clear communication, and genuine care throughout the legal process.
Award-Winning Legal Representation
Attorney Matthew Broderick brings a unique perspective to the firm, having formerly defended healthcare professionals and institutions. Since transitioning to plaintiff representation, he has received numerous honors, including:
- Colorado Super Lawyer Rising Star – 2021–2025
- Best Lawyers: Ones to Watch – 2023
- Denver Bar Association Young Lawyer of the Year – 2021
These awards reflect both his legal expertise and his dedication to serving injury victims. Meet some of our experienced Denver nursing home abuse attorneys:
Successful Nursing Home Abuse Case Results
Our team has secured numerous successful case results for our clients. In one particular case involving nursing home abuse, our client developed a pressure ulcer on his remaining foot after his below-the-knee amputation, caused by the nursing home’s failure to reposition and offload his foot in a timely manner. The ulcer became infected and required the amputation of his remaining leg. We were able to secure $700,000 for our client.
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.
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.
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, frequent falls, 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, untreated infections such as sepsis, 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.
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”.
What Laws Protect Nursing Home Patients in Denver?
Laws are in place to protect patients of nursing homes in Colorado, including the Nursing Home Reform Act and the Colorado Nursing Home Residents’ Bill of Rights.
The Nursing Home Reform Act
The Nursing Home Reform Act of 1987, enacted as part of the Omnibus Budget Reconciliation Act, sets federal standards that all nursing homes must meet to receive Medicare or Medicaid funding. It establishes baseline care requirements like adequate staffing, individualized care plans, nutritional support, medical access, and protection from abuse and neglect.
Colorado Nursing Home Residents' Bill of Rights
Under Colorado’s Nursing Home Residents’ Bill of Rights, if issues are not resolved internally, residents can file complaints with the Colorado Department of Public Health, which may lead to an investigation or formal hearing. The primary rights under this bill include access to adequate healthcare, privacy, freedom from abuse, and protection from unwarranted restraints.
Colorado regulations (6 CCR 1011-1 Ch. 05/07) also set staffing, safety, and resident-rights standards.
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 some instances.
Economic Damages
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
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
Punitive Damages
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.
“If you are looking for a law firm to handle a personal injury case, Olson will be a great choice. They listened and worked to understand my case and worked diligently to handle everything. Phil Meinkoth worked to make the deposition less frightening by explaining what would happen, and addressing my concerns. Thank you for a great outcome, for being there for me.”
- Carole Horger
Are Non-Economic Damages Capped in Colorado Nursing Home Cases?
For personal injury cases filed on or after January 1, 2025, the cap on non-economic damages is $1.5 million, with no exceptions or jury-based increase. However, for wrongful death cases, non-economic damages are capped at $2.125 million as of January 1, 2025, unless the death resulted from a felony, in which case no cap applies.
In cases involving medical malpractice, non-economic damages are undergoing a gradual increase from the current $300,000 cap, reaching $875,000 by 2029. Following this, the cap will be adjusted for inflation every two years.
Caps are complex and change over time; our attorneys will analyze which cap applies to your case.
How Do You Report Nursing Home Abuse or Neglect in Denver?
If you suspect nursing home abuse is taking place, it is crucial to take proactive steps to bring attention to it and report it.
Call 911 for Emergencies
If you believe an individual is in immediate danger, contact 911 right away to report the situation.
Adult Protective Services
Denver Adult Protective Services investigates reports of abuse, neglect, and exploitation of at-risk adults, including nursing home residents. They are available 24/7 and respond quickly to ensure the immediate safety of vulnerable individuals and may coordinate with law enforcement or healthcare professionals when necessary.
Long-Term Care Ombudsman: DRCOG – Denver Metro
The Long-Term Care Ombudsman Program is operated by the Denver Regional Council of Governments and advocates for residents of nursing homes and assisted living facilities. Ombudsmen investigate complaints, help resolve issues regarding care or residents’ rights, and offer confidential support at no cost to residents or families.
Denver Regional Council of Governments
As a regional agency, DRCOG oversees aging services and connects families with resources for elder care, including abuse reporting and legal assistance. Through its Area Agency on Aging, it supports programs like the Long-Term Care Ombudsman and helps ensure nursing home residents receive safe and dignified care.
Colorado Department of Public Health & Environment
You can file a state-level complaint with CDPHE about unsafe conditions, poor care, or violations of residents’ rights in licensed nursing facilities. This department conducts inspections, investigates reports, and can issue citations or penalties against facilities that fail to meet regulatory standards.
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?
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.
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:
“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”.
Do Admission Arbitration Clauses Stop My Case?
Not necessarily. While arbitration clauses are often included in nursing home admission agreements, they do not automatically prevent you from pursuing a case, and in many situations, they may not be legally enforceable.
What To Expect When We Take Your Case
When you choose Olson Personal Injury Lawyers, you are not just hiring a legal team; you are partnering with dedicated advocates who guide you through every step of the process with clarity, compassion, and commitment.
How To File a Nursing Home Fall Lawsuit in Denver
To file a nursing home fall lawsuit in Denver, you will need to prepare your case and navigate Colorado’s complex legal landscape. A personal injury attorney can take on your case, investigating and gathering evidence to determine if neglect, such as a lack of supervision or hazards, led to the fall. They can file a formal complaint to seek compensation for medical bills, pain, suffering, and long-term care. However, you must act quickly, as Colorado’s statute of limitations limits the filing time.
What Are the Signs That Someone May Be Abusing Your Elderly Loved One in Denver?
There are several indicators of neglect or abuse that you can look for in your loved one, including the following:
Physical Signs
- Unexplained injuries, like bruises, cuts, burns, or broken bones
- Frequent falls or injuries without a clear explanation
- Signs of restraint, such as marks on wrists or ankles
- Poor hygiene, bedsores, or untreated medical issues
Emotional & Behavioral Signs
- Sudden withdrawal, fear, or depression
- Nervousness around certain staff or caregivers
- Changes in mood or personality
- Avoiding eye contact or reluctance to speak openly
Financial Signs
- Missing money, belongings, or suspicious bank activity
- Sudden changes in wills or financial documents
- Unpaid bills or basic needs not being met
- Staff refusing or delaying visits or calls
Neglect
- Malnutrition or dehydration
- Weight loss without a medical cause
- Left alone for long periods or ignored by caregivers
- Unsanitary living conditions, i.e., soiled bedding, strong odors
Contact a Denver Nursing Home Abuse Lawyer Today
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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