CREATING ACCOUNTABILITY WHEN AN ELDER LOVED ONE IS ABUSED OR NEGLECTED

ELDER ABUSE AND NEGLECT CASES

If someone you love has been hurt, exploited, or neglected in an assisted living facility, memory care, or nursing home, you don't have to work out your next steps alone. Hailey | Hart is here to help you understand what happened, what your options are, and what justice can look like for your family.

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Elder abuse takes many forms, and not all of them are obvious. It can look like unexplained bruises, sudden changes in finances, a facility that's chronically understaffed, or a loved one who seems withdrawn and afraid. Whatever form it takes, it is always wrong, and it is often actionable under Colorado law.

At Hailey | Hart we litigate wrongful death and injury cases against assisted living facilities, memory care and nursing homes. This can include:
  • An unsupervised elderly loved one
  • The failure to properly administer their medications
  • The failure to seek appropriate medical care

Civil lawsuits may be brought against assisted living residences and nursing homes for committing or allowing elder neglect and abuse. If you’re not sure what you’re seeing is abuse or neglect, it can be helpful to review the legal definition. 

WHAT IS ELDER ABUSE AND NEGLECT?

At Hailey | Hart, we know that discovering your loved one has been the victim of elder abuse or neglect can be traumatic. We are passionate about these cases because our elders are some of the most vulnerable people in this country and we believe that when the trust we put in professionals is betrayed, there should be accountability. We know the regulations and laws that these facilities should abide by and the differences between the various kinds of facilities. Our experienced team of attorneys is based in Denver and counsels clients through elder abuse and neglect cases across Colorado. 

When you entrust your case to us, you're not just hiring a lawyer, you are gaining a team of allies. We take a proactive and meticulous approach to each elder abuse and neglect case. We tailor our legal strategies for each client to find the approach that works best for their case. We handle the legal complexities, allowing you to focus on family.

ELDER ABUSE AND NEGLECT CASES NEED AN INTENTIONAL APPROACH

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WHAT TO KNOW ABOUT ELDER ABUSE AND NEGLECT CASES IN COLORADO

WHAT IS ELDER ABUSE AND NEGLECT IN COLORADO?

The definition of neglect of an at-risk adult (any adult over the age of seventy) is relatively broad by design. The regulations define “caretaker neglect” as neglect that occurs when adequate food, clothing, shelter, psychological care, physical care, medical care, habilitation, supervision or any other service necessary for the health or safety of an at-risk person is not secured for that person or is not provided by a caretaker in a timely manner with the degree of care that a reasonable person in the same situation would exercise, or a caretaker knowingly uses harassment, undue influence or intimidation to create a hostile or fearful environment for an at-risk person. 

“Abuse” is defined as the non-accidental infliction of bodily injury, serious bodily injury or death; confinement or restraint that is unreasonable under generally accepted caretaking standards; or the subjection to sexual conduct or contact that is classified as a crime. 

WHAT ARE THE LEGAL OBLIGATIONS OF ASSISTED CARE FACILITIES AND NURSING HOMES REGARDING NEGLECT OR ABUSE?

Assisted living residences and nursing homes are required to report suspected abuse, exploitation and/or caretaker neglect to law enforcement within 24 hours of observation or discovery. Assisted living and nursing homes must investigate reports of abuse, neglect and exploitation, and notify the legal representative of the allegation within 24 hours. If the neglect or abuse is verified, then the assisted living residence or nursing home are required to take appropriate corrective action. 

WHAT IS THE DIFFERENCE BETWEEN ASSISTED LIVING AND NURSING HOMES? 

Assisted living and skilled nursing are types of long-term care options, but they differ in the level of care provided depending on the specific needs of the resident. Assisted living and skilled nursing are governed by different Colorado regulations.

  • Assisted living is designed for individuals who have an impaired capacity to live independently. The residents in assisted living generally need assistance with daily activities yet retain some independence. 
  • Skilled nursing, on the other hand, offers 24-hour medical care onsite. Nursing homes are licensed with the state to provide supportive, restorative and preventative services to persons who, due to physical and/or mental disability, require continuous or regular inpatient nursing care. 

For more information, read our blog about the differences between assisting living facilities and nursing homes. 

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