Nursing home neglect is a serious issue that can have devastating effects on vulnerable residents. But is neglect considered a form of abuse in Colorado? The answer is yes. Under Colorado law, neglect is classified as a type of elder abuse and is treated with the same level of seriousness as physical or emotional mistreatment. While many people think of abuse as intentional acts of harm, neglect involves failing to provide the care and attention a resident needs, which can lead to significant physical, emotional, and psychological damage.

Understanding Nursing Home Neglect in Colorado

Neglect occurs when a nursing home fails to provide adequate care, which can include not attending to basic needs such as food, water, hygiene, and medical assistance. Colorado law defines elder abuse and neglect as any act or omission that results in harm or a serious threat of harm to a vulnerable adult. This can include not only physical neglect but also emotional and social neglect, such as isolating a resident or ignoring their emotional needs. Although neglect may not always involve direct physical harm, it can be just as damaging to the well-being of nursing home residents.

In Colorado, nursing homes are legally required to provide a reasonable standard of care for all residents. If they fail to meet this standard, they may be held liable for neglect. Common signs of neglect in nursing homes include poor personal hygiene, untreated bedsores, dehydration, malnutrition, and unsanitary living conditions. If you notice any of these signs in your loved one, it’s essential to take action quickly, as neglect can escalate and lead to severe health complications. Recognizing these signs early can prevent further harm and help protect your loved one from suffering long-term consequences.

How Colorado Law Defines and Punishes Neglect

In Colorado, the state has enacted strict laws to protect elderly residents from abuse and neglect. Under the Colorado Criminal Code, neglect of an at-risk adult is considered a form of criminal exploitation and is punishable by law. The penalties for those found guilty of elder neglect can range from fines and imprisonment to the permanent closure of the facility. These regulations are designed to deter caregivers and facilities from neglecting their duty to provide proper care and attention.

The Colorado Adult Protective Services (APS) program is tasked with investigating reports of neglect and abuse in nursing homes and can take legal action against any facility or caregiver found to be violating state regulations. Once a report is made to APS, they are required to investigate and assess the risk to the resident. Depending on the findings, APS may involve law enforcement and initiate proceedings to protect the resident, which can include emergency relocation or intervention.

Additionally, the Colorado Department of Public Health and Environment (CDPHE) monitors nursing homes to ensure compliance with state and federal regulations. Facilities that fail to meet care standards can face sanctions, including fines, loss of state funding, or even license revocation. The CDPHE also offers a platform for families to file complaints and track investigations, which increases transparency and holds nursing homes accountable. By reporting neglect, you help not only your loved one but also other residents who may be in similar situations.

How Neglect Differs from Other Types of Nursing Home Abuse

It’s essential to understand how neglect differs from other forms of abuse, such as physical, emotional, or financial abuse. While abuse typically involves intentional harm, such as hitting, yelling, or stealing, neglect involves a failure to act. In other words, neglect is often passive rather than active, but that doesn’t make it any less harmful. For example, a resident who is left in soiled bedding for hours or denied necessary medications may suffer just as much as someone who is physically assaulted.

Neglect can also be harder to identify because it doesn’t always leave visible signs. Physical abuse might result in bruises or fractures, but neglect can lead to conditions like infections, malnutrition, and psychological distress, which can be mistakenly attributed to natural aging or illness. Additionally, neglect often occurs over a longer period, which can make it more challenging to detect and address. Family members should watch for changes in behavior, sudden weight loss, or worsening health conditions as potential indicators of neglect.

Because of the subtler nature of neglect, it’s crucial to remain vigilant and regularly check in on your loved one’s condition and quality of care. If something seems off, trust your instincts and look deeper into the situation. Understanding the difference between neglect and other forms of abuse will help you take the right steps to address the issue and ensure your loved one’s safety.

What to Do If You Suspect Nursing Home Neglect in Colorado

If you suspect that your loved one is experiencing neglect in a Colorado nursing home, there are several steps you should take to protect them and address the issue legally. First, document everything. Take note of any signs of neglect, such as poor hygiene, unexplained weight loss, or changes in behavior. Photographs, detailed notes, and witness statements can all serve as valuable evidence if you need to pursue a legal claim. Make sure to date your documentation and be as specific as possible in describing the conditions and your concerns.

Next, report your concerns to the appropriate authorities. In Colorado, you can contact Adult Protective Services or the local law enforcement agency if you believe the situation is severe. Additionally, filing a complaint with the CDPHE can prompt an investigation into the facility’s practices and potentially lead to corrective actions. When filing a complaint, be prepared to provide as much information as possible, including the name and address of the facility, the resident’s name, and a detailed description of the suspected neglect. It’s also advisable to speak with a nursing home abuse attorney who is familiar with Colorado’s laws. An experienced attorney can help you gather additional evidence, represent your interests, and seek compensation for any harm your loved one has suffered.

Finally, consider relocating your loved one to a safer environment if their health or safety is at immediate risk. While taking legal action is important, ensuring the well-being of your loved one should always be the top priority. Finding a new, reputable facility can provide them with the care and attention they deserve while you work to hold the negligent facility accountable. If you’re unsure about the quality of other nursing homes, consider visiting multiple facilities, reading reviews, and speaking directly with other families about their experiences.

How Bell & Pollock Can Help with Nursing Home Neglect Cases

Nursing home neglect cases can be challenging to prove, but with the right legal assistance, you can ensure your loved one’s rights are protected. At Bell & Pollock, we have extensive experience handling nursing home abuse and neglect cases in Colorado. We understand the complexities of Colorado’s elder abuse laws and can guide you through every step of the process. Our attorneys will work diligently to investigate the neglect, gather evidence, and hold the responsible parties accountable. We are committed to securing the compensation and justice your family deserves.

If you suspect your loved one is a victim of nursing home neglect in Colorado, don’t wait to take action. Contact us today for a free consultation to discuss your case and learn more about your legal options. Together, we can fight to ensure that your loved one receives the care and respect they deserve. Your loved one’s safety and dignity should never be compromised, and we are here to help you protect them.