Nursing Home Abuse & Negligence
The increasing frequency of nursing home abuse is a sad consequence of our aging baby boomer population. It is a national problem recognized by the U.S. Dept. of Human Services, with the creation of the National Center on Elder Abuse (NCEA), where it is estimated that between 1 and 2 million Americans age 65 or older have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection.
If a loved one has been subjected to nursing home abuse or neglect, you need a lawyer to fight for her rights and pursue compensation for harm done. At Chalat Hatten & Koupal PC, we understand the special concerns of representing the elderly and their families. We will fight for the quality of life deserved and for compensation for any harm suffered. Contact a lawyer at our firm today to learn more about the nursing home abuse services we offer.
When care is provided outside the family home, such as at a nursing home, the elderly are particularly vulnerable. A nursing home is a residential facility offering daily assistance to individuals who are physically or mentally unable to live independently. Residents are provided rooms, meals, assistance with daily living, nursing services and some medical treatment. Individuals who require custodial care such as help with eating, bathing, taking medicine and toileting, as well as those who require skilled care are often residents in a nursing home.
Definitions
- Neglect is the failure to care for a person in a manner which would avoid harm and pain, or the failure to react to a situation which may be harmful. Neglect may or may not be intentional. For example, a caring aide who is poorly trained may not know how to provide proper care.
- Abuse means causing intentional pain, injury or harm. This includes physical, mental, verbal, psychological and sexual abuse, corporal punishment, unreasonable seclusion and intimidation.
Protection from Nursing Home Abuse
Under the Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains the quality of their physical and mental health. This federal law upholds freedom from nursing home abuse, neglect and misappropriation of funds. Elder neglect and nursing home abuse are criminal acts, and nursing home residents do not surrender their rights to protection from criminal acts when they enter a facility.
Nursing home patients may find themselves subject to dozens of adverse conditions through no fault of their own. A bed sore, other bed injuries, pressure ulcers, a fall, fractures, malnutrition and dehydration are some of the more prominent types of injuries to which elderly patients are prone.
It is a violation of Federal and Colorado law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse a nursing home resident.
Contact an attorney at Chalat Hatten & Koupal PC today.
