Nursing Home Injury Attorneys in Aurora, Colorado
According to the most recent statistics from the National Center for Victims of Crime, about 10,000 nursing home residents across the country file complaints related to abuse, neglect, or injuries, every year. The nursing home staff has the responsibility to provide adequate care, protect, and ensure the safety of nursing home residents. Unfortunately, injuries may occur due to elder abuse, neglect, or falls. If your loved one was injured in a nursing home, you may have grounds to pursue damages.
At Gama Law Firm LLC, our top priority is to help protect your elderly family member’s safety and overall well-being while seeking rightful compensation for their injuries. Our experienced Colorado personal injury attorneys will review and investigate your case and fight compassionately to protect your loved one's rights. Our team will help you pursue fair financial compensation to cover the medical costs of their injuries and any pain and suffering they've experienced.
Our team at Gama Law Firm LLC proudly serves clients across Aurora, Colorado, and the neighboring areas of Denver, Parker, Centennial, and Castle Pines.
Colorado Laws Regarding Nursing Homes
Here are some laws and statutory guidelines addressing nursing homes in the state of Colorado:
According to the Code of Colorado Regulations 1011-1 Chapter 7 Section 8, to determine appropriate routine staffing levels, the assisted living residence shall consider, at a minimum, the following factors:
The acuity and needs of the residents
The services outlined in the care plan
The services set forth in the resident agreement
Each care facility shall also ensure that at least one staff member who has a “current certification in cardiopulmonary resuscitation (CPR) and obstructed airway techniques” and is capable of responding to an emergency is present when one or more residents live at the nursing home.
The Nursing Home Reform Act of 1987
The Nursing Home Reform Act of 1987 establishes the basic rights and services for residents of nursing homes. The following rights are established under the law:
The right to freedom from abuse, mistreatment, and neglect
The right to privacy
The right to security of possessions
The right to freedom from physical restraints
The right to participate in resident and family groups
The right to necessary care, including medical, physical, psychological, and social needs
The right to welcome or refuse visitors
The right to exercise self-determination
The right to be treated with dignity
The right to communicate freely
The right to voice grievances without discrimination or reprisal
The right to participate in the review of their care plan
The right to be fully informed in advance about any changes in care, treatment, or the status of the facility
Required Resident Services
The Nursing Home Reform Act specifies the required services that nursing homes must provide to residents. These include:
Periodic assessments for each resident
A detailed care plan for each resident
The services of a full-time social worker for nursing homes and care facilities with 120 beds or more
Neglect and Liability
Nursing staff members are held to high standards concerning the welfare and care of residents. Neglect occurs when a caregiver fails to offer adequate care, medical treatment, supervision, and the professional services necessary to maintain the physical and mental health of the residents. Here are some signs of neglect:
Bruises, fractures, and other unexplained injuries
Personal hygiene problems
Accidental or self-inflicted burns
Insomnia or inadequate sleep
New or untreated medical conditions
Noticeable changes in personality
Several families have turned to the use of "Granny Cams" to monitor and ensure that their vulnerable loved ones in nursing homes are not being mistreated. Unfortunately, there is no Colorado state law or statutory guideline that allows for the installation of surveillance cameras or granny cams inside the residential rooms of nursing homes.
Who is Liable?
In the case of nursing home injuries, you may pursue legal action against the responsible party. The following people or entities may be held liable for nursing home injuries:
Nursing Home Staff: The individual or nursing staff who caused the injury
Owner of the Nursing Home: The care facility or its owner could be held liable for failure to provide a safe environment, negligent hiring and training practices, or failure to provide care that meets the required standards.
Third Parties: A third party or vendors that provide staff, medical supplies, or professional services to the nursing home if a vendor caused the injury
Recovering damages for nursing home injuries to your elder loved ones requires proving negligence. To establish a nursing home injury claim, you must prove the following elements:
The facility had an obligation or owed a duty of care to your elderly loved one
The facility breached its duty of care or didn't meet its obligation
The facility was negligent when it breached its duty of care
The facility's negligence caused your loved one's injury or death
You suffered monetary damages as a result of the injury or death
How an Experienced Attorney Can Help
Nursing home abuse, accidents, neglect, and injuries are common, which isn't reassuring. Filing an injury claim is the first step toward holding the care facility accountable for injuries to your loved one. Proving fault and recovering damages in nursing home injury cases, however, involves several legal complexities. Hiring an experienced personal injury attorney is crucial to protect your loved one's rights and pursue rightful compensation for their injuries.
At Gama Law Firm LLC, we're committed to providing comprehensive legal counsel and compassionate representation to clients who have been victimized by nursing home abuse and neglect. Our attorneys will review all the facts of your unique situation, carry out an in-depth investigation, and help you understand all of the possible legal options through which you can seek damages.
As your legal counsel, we will fight on your side to protect your loved one's rights and work diligently to seek fair compensation for their injuries and any additional pain, discomfort, and suffering they have been put through. We strongly believe that putting our experienced attorneys on your side can make a big difference in your personal injury case — so call today to schedule a free case consultation.
Nursing Home Injury Attorneys Serving Aurora, Colorado
If your loved one was injured in a nursing home, you have options. Contact us at Gama Law Firm LLC today to schedule a free consultation. Our team can fight compassionately to protect your loved one's rights and help you pursue financial compensation for their injuries. We're proud to serve clients across Aurora, Denver, Parker, Centennial, and Castle Pines, Colorado.