Fighting a Nursing Home Abuse or Negligence Claim in Colorado
If you are facing a claim of negligence for an alleged nursing home abuse, you should take the time to research what you’re up against. This way, you’ll be better equipped to fight on the court.
What Constitutes Nursing Home Abuse or Neglect
According to the Denver Human Services, nursing home neglect or abuse could occur in many different situations, with the following being the most common ones that result in neglect or abuse:
- Elderly Neglect – This happens when a nursing home personnel, nurse, or caregiver does not provide proper care. The most typical warning signs of neglect include malnutrition, infections, bedsores, bruising, dehydration, significantly disheveled appearance, depression, and physical injuries.
- Elderly Abuse – This occurs when a nurse, nursing home employee, or caregiver harms a nursing home resident in any way. Nursing home residents are usually disabled or elderly individuals who are incapable of reporting incidents of abuse or defending themselves against the different forms of abuse. Abuse involves physical, sexual, emotional, and psychological abuse. Among these, psychological and emotional abuse are the hardest to prove and could include screaming at, insulting, taunting, and threatening. This could also involve shaming, humiliating, intimidating, ignoring, and frightening the resident.
- Misappropriation of Property or Money – This happens when nursing home personnel deliberately steal, embezzle, misuse, or take money and property of a resident without their authorization.
What You Can Do if You’re Accused
If you’re wrongfully accused of nursing home neglect or abuse, it’s best that you get legal help from an attorney as early as possible. Lawyers in Springfield, IL explains that the state of Colorado follows the legal rule of modified comparative negligence when trying to establish fault in negligence claims.
This rule involves two crucial aspects:
- The injured or neglected party might only recover damages if they’re found to be less than 50% at fault.
- If the injured or neglected party were also found to have been negligent, you would only be responsible for the percentage of perceived damages you have caused.
With these in mind, consult a lawyer immediately to figure out how this rule could apply to the nursing home negligence or abuse claim you’re facing.