Lori Beck

11990 Grant St., Suite 550 Northglenn, CO 80233

Defending Your Rights, Protecting Your Freedom

Elder Abuse

Placing your loved one in a nursing home can be a very tough decision. You are entrusting the health and safety of one of the most important people in your life to a facility and its staff who you really do not know.  Sadly, many facilities are quick to accept money without providing adequate care for their residents, creating situations where vulnerable residents are abused or neglected on a frequent basis. Nursing home abuse is a tragic and disturbing aspect of personal injury law. Elders in nursing homes should be treated with respect and care, but in some instances, they are subject to physical, emotional, or even financial abuse. Such cases can involve complex legal issues, and often, families must fight to protect their loved ones and hold abusive caregivers or negligent nursing homes accountable. Elder abuse cannot be tolerated!

Abuse and neglect of the elderly and otherwise vulnerable continues to be a major problem in the United States. Many victims are unable to recognize or report abuse and neglect because of their mental states (especially if affected by drugs or dementia), because they are disabled or weak, or because they are afraid of retaliation.

Elder abuse and neglect can result in both physical and mental injuries. In many cases, nursing home injuries and premature death are preventable and caused by incompetence, negligence, or abuse by staff or preventable injury caused by a roommate or other fellow resident. Sometimes nursing homes fail to disclose hazards and dangers.


Recognizing Signs of Elder Abuse


Often called the “silent condition,” the signs of elder abuse can be surprisingly difficult to identify, as the damage is often done behind closed doors and away from the eyes of family members. It can also take many forms, ranging from serious emotional and sexual abuse, to receiving limited medical care and attention from staff.


There are some obvious forms of abuse, such as physical violence or force, resulting in either impairment, bodily injury, or pain to the elderly victim. But there are other forms of abuse that are not so obvious or visible. Emotional abuse will not result in broken bones and bruises, but it is still incredibly harmful and results in severe mental anguish through the use of humiliation, threats, and other more insidious means.


The fact that you or your loved one may have experienced these issues in a nursing home or assisted living facility does not necessarily mean that abuse or neglect has occurred. However, if there is not a reasonable explanation for the development of an injury, you may want to start asking questions. You should know that Medicare.gov has identified as “never events,” including the development of a Stage IV pressure sore in a care facility.


Examples of elder abuse and neglect include the following:

  • Pressure sores (Bed sores or pressure ulcers)
  • Falls
  • Fractures
  • Dehydration/Malnourishment
  • Physical Assault
  • Verbal Assault
  • Doctor Negligence
  • Aspiration Pneumonia
  • Wrongful Death
  • Understaffing/Unqualified Care Providers
  • Unusual weight loss or weight gain
  • A drastic change in mood or behavior, withdrawal from usual activities or abnormal depression or hesitant attitude
  • Frequent arguments between caregivers and residents or tense interactions
  • Unexplained or worsening of chronic condition.
  • Lack of proper clothing


You should also be aware of conflicting stories about how injuries were sustained and long delays between when an injury occurred and when it was treated.


Additionally, some behavioral signs that might indicate your elderly loved one is being neglected include nightmares, self-destructive behavior, regressive behavior, signs of emotional distress, confusion or disorientation, and appearing emotionally withdrawn.

  

Confronting Sexual Abuse in Elderly Populations


It might seem unconscionable for anyone to engage in this kind of behavior, but due to their vulnerability, our elderly loved ones are often subject to sexual abuse, which includes:

  • Unwanted touching
  • Sexual assault
  • Coerced nudity,
  • Intercourse
  • Taking pictures without consent.


Some of the most common signs of sexual abuse include unexplained STDs, bruises on the genitals or breasts, underwear that is ripped or bloody, and unexplained genital infections. Female residents are more likely to be victims of sexual abuse than their male counterparts. Sadly, only approximately 30 percent of sexual abuse cases are reported.


Preventing Financial Exploitation of the Elderly


More and more residents are being financially exploited by caregivers who steal money and credit cards or forge checks from their accounts. Some staff members force patients to change their will or sign over their property rights. However, financial exploitation can also be caused by family members.


Be on the lookout for any strange or unexplained financial transactions in your loved one’s name.

FREQUENTLY ASKED QUESTIONS

What should I do if I suspect financial exploitation of an elderly family member?

If you notice unexplained financial transactions, changes in wills, property rights, or any other suspicious financial activity involving your elderly family member, it may be a sign of financial exploitation. It’s essential to act promptly to safeguard their assets and well-being.

If your elderly loved one suffers injuries because of abuse or neglect, you may be justifiably angry and want to hold the organization accountable for letting it happen.

 

Here are a few of the most common scenarios where a nursing home may be liable for elder abuse:

 

  • The nursing home failed to properly train and supervise its staff membersIn many cases, nursing home neglect happens because inexperienced employees fail to notice the obvious warning signs, or simply don’t realize the seriousness of a given medical condition.

  • The nursing home didn’t vet an abusive staff member before hiring themEvery nursing home should exercise caution before hiring employees and check criminal records. If your loved one was abused by someone who showed a clear history of violence, the nursing home could be liable.

  • The nursing home gave your loved one substandard medical careIn for-profit nursing homes, it’s especially common for staff to downplay life-threatening medical conditions. When a negligent doctor or nurse played a role, you could also have a case for medical malpractice.

  • The nursing home skirted federal regulationsDoes the nursing home in question accept Medicare payments? If so, they are legally responsible for clearing out accident hazards and ensuring proper supervision for nursing home residents.

  • The nursing home engaged in financial exploitationIn nursing homes, financial exploitation can be even more common than physical and emotional abuse. If the nursing home cashed your loved one’s checks or engaged in other forms of financial abuse, you can seek damages.

  • The nursing home staff did not keep the premises clear of hazardsLike any property owner, nursing home facility owners have to make sure that their premises are safe and secure. They owe a particularly high “duty of care” to vulnerable senior residents who could slip and fall.

Many different factors can contribute to nursing home abuse, often related to understaffing and insufficient operation. Some of the most common causes of nursing home neglect include the following.

 

  • Understaffing: A lack of adequate staff members can lead to less nursing home residents receiving the care they need. The remaining staff cannot provide a high level of care that all residents need.
  • Staff burnout: Many nursing home staff members have to work long hours and are unable to process their stress in a healthy way. This may lead to mental and physical abuse of residents.
  • Lack of supervision: If a supervisor is not available to oversee the operation of the nursing home, many residents can go without care for several days.
  • Negligent Training
  • Greed: Financial elder abuse is common among victims of nursing home neglect. Staff members may try to scam a resident out of his or her life savings or steal his or her belongings.

 

While these factors may contribute to this neglect, they do not excuse horrendous acts of abuse. If you or your loved one falls victim to an abusive nursing home, contact the attorneys at Jordan Law as soon as possible.

 

Abuse and neglect are prevalent among elder and disabled care facilities. Knowing the source of your or your loved one’s abuse helps determine who’s liable.

Nursing Homes

Nursing homes generally assist patients with mobility issues. They need help 24/7 with basic tasks such as eating, drinking, getting into and out of bed, bathing and other daily tasks. Nursing homes care for short-term and long-term patients.


Long-Term Care Facilities

Individuals with conditions that require extensive daily care on a long-term or lifetime basis stay at long-term care facilities.

They help physically and mentally incapacitated residents with everyday tasks, and provide transportation and social activities.


Alzheimer and Memory Care Facilities

Alzheimer’s and Memory Care Facilities are for individuals with Alzheimer’s Disease and for mentally incapacitated people. They provide daily services and additional specialized services. Many have secured units to prevent residents from wandering off.


Rehabilitation Facilities

Rehabilitation facilities are for patients that have suffered an injury or a worsening medical condition that can be healed or improved with temporary medical care and rehabilitation. The goal is to have the patient return home


Assisted Living Facilities

Patients live in apartment-style homes that offer daily meals, 24-hour supervision, staff members on-site, and recreational and social activities. They are not medially focused.


Group Homes

Group Homes provide care in a private residence. There are group homes for the following:

  • People sixty years old and older
  • Intellectually and developmentally disabled persons
  • People with behavioral and mental health disorders

If you suspect your loved one is suffering from abuse at the hands of a nursing home staff member or the facility is not providing adequate care, you have multiple legal options available to you.

 

First, you can file a complaint with the Colorado Department of Public Health & Environment. You can file your complaint online, as well as over the phone, via mail, or through fax. Anyone with knowledge or concerns about a facility is eligible to file. The Department will investigate the claim and inform you of the outcome.

 

You may also file a lawsuit against a nursing home where the abuse occurred. This is the best option if your loved one suffered physical, financial, and emotional damages as a result of the abuse. Filing a lawsuit in Colorado civil court allows your loved one to collect compensation for his or her injuries and financially recover from these damages.