Colorado – March 4, 2021

Individuals who are living in a nursing facility, or assisted living home licensed by the state of Colorado have the same rights they would have as living in their own homes. In accordance with The Nursing Home Reform Act under Title IV: of the Omnibus Budget Reconciliation Act of 1987 mandates that residents of long term care and nursing home facilities have the right to receive:

  • Medically-related social services,
  • Proper health care and dental care,
  • Accurate dispensing, receipt, and administration of medicines,
  • Dietary services that meet daily nutritional needs,
  • Services for mentally ill and special needs residents,
  • Personal, material, and financial privacy when requested,
  • Treatment that does not violate a resident’s personal dignity.

These regulations ensure that residents are receiving a proper level of care, and nursing home attorneys can assist individuals and family members who suspect abuse and harm against loved ones living in long term skilled facilities.

Common forms of abuse.

Visitors and family members should speak to elder law attorneys before placing loved ones in residential facilities.  They should also familiarize themselves with common forms of abuse, or negligence reports against nursing home facilities in Colorado.  The Colorado Department of Health provides resources related to residential facilities on their website and individuals can contact them for further guidance at 303-692-2000, or 1-800-886-7689 and TDD line for hearing impaired: 303-691-770.  Common signs of abuse may include bodily injury, neglect, emotional abuse, exploitation, and sexual abuse.  If residents are victims of, or visitors suspect abuse, they should contact a nursing home abuse attorney to weigh legal options.

  • Bodily Injury – Physical abuse may reveal itself through unexplained bruises, signs of restraint on wrists and ankles such as cuts and abrasions, malnutrition, dehydration, and sudden/severe weight loss; and hovering of staff for fear a resident may report abusive behavior.
  • Neglect – Physical neglect is a type of abuse that may, or may not be intentional, perhaps as a result of not enough staff, or supplies at a nursing home reflected in a resident’s lack of cleanliness, nourished appearance, sanitary surroundings, and clothing.
  • Emotional Abuse can present itself through resident agitation, nervousness, fear, or sadness. Acts of emotional abuse can be intentional, but they can also be unintentional when the abuser is overly stressed and unknowingly lashing out, or harming the elderly person.
  • Exploitation Abuse occurs when someone improperly, or illegally uses or steals a resident’s funds, assets, or property.
  • Sexual Abuse could reveal itself through sexually transmitted diseases (STDs); difficulty walking, sitting, or complaints of pelvic injury; bruises, irritation, bleeding or pain on inner thighs and genital areas; bloody, torn, or stained clothing items; agitation and withdrawal from socializing; PTSD symptoms and panic attacks; unusual sexual, or inappropriate behaviors toward abuse suspect; and attempts at suicide.

Talk to a lawyer about personal injury liability.

A nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care.  This negligence may have occurred by their part through negligent hiring, understaffing, insufficient employee training, or errors in treatment. A nursing home abuse attorney can give concerned individuals guidance on actions against abuse, or neglect.

Sources.

https://cdphe.colorado.gov/nursing-homes

https://www.congress.gov/bill/100th-congress/house-bill/3545/titles

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