Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Nursing home abuse refers to physical, emotional, sexual, or financial harm, or neglect, inflicted on residents of long-term care facilities. In Denver, as elsewhere in Colorado, nursing homes must follow state and federal rules designed to protect residents. When those rules are broken, residents and their families can pursue administrative complaints, criminal charges, and civil lawsuits. Agencies at the city, state, and federal level play roles in investigating complaints, enforcing regulations, and seeking remedy for victims.
You may need a lawyer if a loved one shows signs of harm in a nursing home or assisted living facility. Lawyers help in many common situations, including:
- Physical abuse or unexplained injuries, such as bruises, fractures, or broken bones.
- Neglect that causes bedsores, dehydration, malnutrition, or untreated infections.
- Sexual abuse or threats and intimidation by staff or other residents.
- Financial exploitation, such as unauthorized transfers, suspicious charges, or misuse of accounts.
- Medication errors, improper use of restraints, or failure to follow medical orders.
- Wrongful death where neglect or intentional conduct contributed to a resident s death.
- Facilities or family members ignoring reports, failing to preserve evidence, or retaliating against the resident.
- Complex claims involving Medicare-Medicaid reimbursements, administrative penalties, or licensing actions.
A lawyer can assess legal options, preserve evidence, file civil claims, coordinate with criminal prosecutors or adult protective services, and seek compensation for medical bills, pain and suffering, and other losses. Lawyers can also guide families through administrative complaint processes and help with immediate safety planning.
Key legal aspects relevant to nursing home abuse in Denver include:
- Regulatory framework - Colorado nursing homes are subject to federal nursing home standards administered by the Centers for Medicare and Medicaid Services and state licensing and inspection by the Colorado Department of Public Health and Environment. These regulations set minimum standards for care, staffing, resident rights, and reporting of incidents.
- Adult Protective Services - Colorado operates adult protective services to receive and investigate reports of abuse, neglect, and exploitation of vulnerable adults. Local county agencies, including Denver Human Services, handle intake and investigation of suspected abuse.
- Criminal laws - Physical, sexual, and financial abuse can result in criminal charges brought by local prosecutors. Law enforcement investigates serious allegations of assault, sexual assault, fraud, or exploitation.
- Civil liability - Families can bring civil claims against facilities, individual caregivers, or third parties for negligence, intentional torts, breach of contract, and wrongful death. Civil claims can seek compensatory damages for medical costs, pain and suffering, emotional distress, and sometimes punitive damages where conduct is especially reckless or intentional.
- Mandatory reporting - Certain professionals, including health care providers and staff, are often required to report suspected abuse. Failure to report by mandated reporters can carry penalties.
- Resident rights and grievance procedures - Residents have statutory and regulatory rights, such as the right to be free from abuse and neglect, to receive appropriate care, and to file grievances. Facilities are required to have procedures for handling complaints and for protecting residents who report abuse.
- Confidentiality and records - Medical and care records are important evidence. Privacy laws such as federal health privacy rules regulate access to records, but lawyers can help obtain records through authorization or legal process.
Time limits apply to civil claims. Special rules or shorter filing deadlines may apply in some cases, so acting promptly is important.
Nursing home abuse includes physical harm, sexual abuse, emotional or psychological abuse, financial exploitation, and neglect. Neglect means failing to provide necessary care - for example, not preventing bedsores, failing to provide food or water, or ignoring medical needs. Any pattern of poor care or a single serious incident can be actionable.
Report suspected abuse immediately to facility management and to local adult protective services. In Denver, contact Denver Human Services - Aging and Adult Services for adult protective intake. If someone is in immediate danger, call 911 and local law enforcement. Reporting to the state licensing agency is also appropriate for regulatory investigation.
Federal and state rules prohibit retaliation against residents who file complaints. If retaliation occurs, document it and report it to the facility, the long-term care ombudsman, adult protective services, and a lawyer. An attorney can advise on legal remedies and steps to protect the resident.
Useful evidence includes medical records, photographs of injuries or living conditions, witness statements, medication and care logs, billing records showing financial irregularities, incident reports, and video if available. Promptly collecting and preserving records and documenting dates, times, and persons involved strengthens a claim.
Yes. Criminal prosecutions are pursued by the prosecutor s office and focus on punishing unlawful behavior. Civil lawsuits, filed by the victim or family, seek compensation for harms. Outcomes in one proceeding can affect the other, and your lawyer can coordinate with prosecutors when appropriate.
There are legal time limits for filing claims. For many personal injury and wrongful death claims in Colorado, statutory deadlines apply. Some claims, such as medical malpractice or claims against governmental entities, may have special notice requirements or shorter deadlines. Because these rules are strict, consult a lawyer promptly to protect your rights.
Potential recoveries may include past and future medical expenses, costs of increased care, pain and suffering, emotional distress, loss of companionship, and in some cases punitive damages. Financial exploitation cases may seek return of stolen funds and related damages. Exact recoveries depend on the facts and legal theory used.
Look for lawyers with experience in elder law, nursing home abuse, personal injury, or medical malpractice. Ask about trial experience, prior results, fee arrangements, and whether they handle cases on a contingency-fee basis, meaning they get paid only if you recover. Check credentials, client references, and responsiveness during an initial consultation.
Not always. Many cases settle through negotiation or alternative dispute resolution. However, if the facility refuses to resolve the claim fairly, litigation may be necessary. A lawyer will advise on the best strategy and prepare you for the possibility of depositions, hearings, or trial.
Other resources include the state long-term care ombudsman, adult protective services, local law enforcement, the Colorado Department of Public Health and Environment for licensing complaints, and community elder services or advocacy groups. These organizations can investigate, advocate, or provide guidance while a lawyer handles legal claims.
Consider contacting these types of organizations and agencies for help, information, or to file a complaint:
- Denver Human Services - Aging and Adult Services for local adult protective services intake and assistance.
- Colorado Department of Public Health and Environment - central office for facility licensing, inspections, and complaint investigations.
- Colorado Long-Term Care Ombudsman Program - advocates for residents rights and helps with complaints and mediation.
- Colorado Board of Nursing - handles complaints about licensed nursing staff conduct.
- Colorado Attorney General s Office - consumer protection and elder abuse resources.
- Denver County District Attorney or local law enforcement - for criminal allegations related to abuse or exploitation.
- Centers for Medicare and Medicaid Services - for federal nursing home requirements and complaint guidance.
- Local legal aid organizations and the Colorado Bar Association lawyer referral service to find attorneys experienced in elder abuse and nursing home litigation.
If you suspect nursing home abuse, take these steps promptly:
- Ensure immediate safety - move the resident if needed and call 911 for medical emergencies or imminent danger.
- Get medical attention and document injuries. Medical records are critical evidence.
- Report the abuse - contact facility management, Denver Human Services - Adult Protective Services, the long-term care ombudsman, and law enforcement if appropriate.
- Preserve evidence - photograph injuries and conditions, collect bills and records, write a timeline of events, and get names and contact information for witnesses.
- Request and obtain the resident s medical and incident records in writing. Keep copies of all documents and communications.
- Contact an experienced nursing home abuse attorney for an early case evaluation. Bring documentation, medical records, photos, and witness names to the initial consultation. Ask about fee structure and whether the attorney handles cases on a contingency-fee basis.
- Follow the attorney s guidance on interacting with the facility, media, and investigators, and avoid signing releases without legal advice.
Acting quickly can protect safety and preserve crucial evidence. A qualified attorney will explain legal options, help coordinate with authorities and advocacy agencies, and work to obtain accountability and compensation for your loved one.
