The high rate of abuse, neglect, and accidents among nursing homes residents is quite alarming. The abuse or neglect of seniors in nursing homes and adult care facilities is among the leading causes of physical injuries, severe health problems, mental issues, or sometimes death of the nursing home residents. If your loved one was injured or abused in a nursing home, you are within your rights to seek fair financial compensation for their injuries.
At Downs, McDonough, Cowan & Foley, our attorneys are poised and ready to assist, support, and help you hold those responsible for your loved one's injuries accountable. Our trusted Colorado personal injury attorneys can help protect your loved one's rights and help seek their deserved financial justice.
Downs, McDonough, Cowan & Foley, LLC proudly serve clients across Durango, Colorado, and the surrounding areas of Cortez, Pagosa Springs, Telluride, and The Four Corners.
In Colorado, the adult protective services are responsible for investigating allegations of physical and sexual abuse, caretaker neglect, mistreatment, and self-neglect of at-risk adults. By offering protective services, APS aims to improve the welfare, safety, and health condition of vulnerable adults experiencing neglect, mistreatment, or abuse.
Below are some key provisions of the new APS bill effective from January 1, 2022:
Abuse involves any of the following acts or omissions:
Under Colorado nursing home laws, restraint must be medically necessary for a patient before it can be used. Also, according to The Nursing Home Reform Act of 1987, a nursing home resident has the right to be free from physical or chemical restraints, such as heavy doses of medications, imposed for discipline or convenience, and are not required to treat the resident's medical symptoms.
Under 6 CCR 1011-1 Chapter 7 Section 13.11, upon receiving a report of suspected abuse or mistreatment, the nursing care home or assisted living residence shall investigate all allegations of abuse, neglect, or exploitation of residents under its reporting requirements and written policies.
Neglect occurs when adequate food, shelter, clothing, medical care, physical care, psychological care, habilitation, supervision, or any other service required for the health or safety of an at-risk person is not secured or provided for the person promptly.
Some common signs of abuse or neglect in nursing homes and adult care facilities include:
Our experienced personal injury attorneys can investigate the surrounding facts of your case and determine who is liable for your loved one's injuries.
Depending on the surrounding circumstances, any of the following parties or entities may be held responsible for nursing home abuse, neglect, or injury:
Our skilled attorneys can identify the liable party, help prove negligence, and file your injury claims.
To pursue damages for nursing home neglect or abuse, the plaintiff must show that:
Our experienced nursing home abuse attorneys can fight diligently to protect your loved one's rights and help seek the financial compensation they're entitled to.
Filing an injury claim in nursing home abuse or neglect cases often involves a lot of complex procedures. Identifying the at-fault party and proving negligence can make the case even more complicated and overwhelming. Therefore, you need to retain one of our knowledgeable personal injury attorneys to explore your possible options to recover damages and help protect your loved one's rights.
At Downs, McDonough, Cowan & Foley, we have the experienced legal guidance and vigorous representation clients need for their injury claims. Using their extensive knowledge of laws addressing liability in personal injury cases involving nursing home neglect and elder abuse, our trusted attorneys can help guide you through the often complex legal process. Having our team on your side can increase your chances of getting a favorable outcome in your nursing home abuse lawsuit.
If you are concerned about your loved one's safety in a nursing home due to suspected abuse or neglect, contact Downs, McDonough, Cowan & Foley, LLC today to schedule a simple case evaluation. Our trusted attorneys possess the experienced legal counsel and compassionate representation you need in nursing home injury claims. We're proud to serve clients across Durango, Colorado, and the surrounding areas of Cortez, Pagosa Springs, Telluride, and The Four Corners.