Can You Sue a Nursing Home for Elder Abuse in Colorado?

When a family places a loved one in a nursing home, they expect compassionate, professional care. Unfortunately, that is not always what happens. Across Colorado, reports of elder abuse in nursing homes have become more common. These cases can involve physical harm, neglect, emotional abuse, or financial exploitation. When nursing home staff fail in their legal and ethical duties, residents can suffer serious injuries or even wrongful death. 

In these situations, families often ask an important question. Can you sue the facility for what happened? In Colorado, the answer is yes. If a nursing home causes harm to a resident through abuse or neglect, it can be held legally responsible through a civil lawsuit. Understanding your legal rights can help you take action to protect your loved one and others who may be at risk.

What Legally Qualifies as Elder Abuse in Colorado?

Elder abuse is any intentional or negligent act that causes harm or serious risk of harm to an older adult. This includes actions taken by caregivers, nurses, aides, administrators, and even other residents when the facility fails to intervene. Common forms of abuse include:

• Physical abuse, such as hitting, pushing, or using restraints improperly
• Neglect, including failure to provide food, medication, hygiene, or supervision
• Emotional abuse, such as yelling, threatening, or isolating a resident
• Sexual abuse, including non-consensual contact or harassment
• Financial exploitation, such as stealing money or pressuring a resident to change legal documents

In nursing home settings, abuse is often linked to understaffing, poor training, or a failure to properly monitor employees. When administrators ignore complaints or fail to investigate red flags, the entire facility may be liable.

When Can You File a Lawsuit Against a Nursing Home?

A civil lawsuit can be filed when a nursing home’s actions or negligence cause harm to a resident. In many cases, this harm is physical, such as bedsores, infections, or unexplained bruises. In other cases, the harm may be emotional or financial. To file a successful claim, you must generally show that:

• The nursing home owed a duty of care to the resident
• The facility or its staff breached that duty through abuse or neglect
• The resident suffered injury or damage as a result

In Colorado, these lawsuits may be based on several legal theories, including negligence, medical malpractice, premises liability, or violation of resident rights under state or federal law. You may also be able to sue under the Colorado Protective Services for Adults at Risk of Mistreatment or Self-Neglect Act. This law allows for legal action if the nursing home fails to protect a resident who is considered at risk due to age, disability, or mental impairment.

Evidence Needed to Support a Nursing Home Abuse Lawsuit

Building a strong case involves collecting evidence that shows abuse occurred and that the facility failed to act appropriately. Helpful forms of evidence include:

• Medical records showing injuries or signs of neglect
• Photographs of visible injuries or unsafe conditions
• Witness statements from staff, residents, or visitors
• Complaint reports filed with state agencies
• Staff schedules and training records that reveal understaffing or poor supervision

It is also important to document all communication with the facility. Keep records of concerns you raised, how staff responded, and whether those responses were timely or dismissive. If your loved one has been moved to a hospital or another care facility, request a full copy of their discharge records and care notes.

What Types of Compensation Can You Recover?

If a nursing home abuse lawsuit is successful, you may be entitled to compensation for a range of damages. These can include:

• Medical expenses related to the abuse or neglect
• Costs of relocating your loved one to a safer facility
• Pain and suffering experienced by the resident
• Emotional distress of family members in extreme cases
• Punitive damages if the abuse was especially reckless or intentional

In cases involving wrongful death, surviving family members may also be able to recover compensation for funeral expenses, loss of companionship, and other damages.

Call Evans Case if You Suspect Elder Abuse in Denver

If you suspect elder abuse, your first priority should be ensuring the safety of your loved one. This may include transferring them to a different facility, contacting Adult Protective Services, or reporting the abuse to the Colorado Department of Public Health and Environment. Once immediate safety is addressed, the next step is to speak with an attorney who understands nursing home abuse cases. 

An elder abuse attorney can review your situation, determine if the facility may be liable, and help you take appropriate legal action. There are time limits for filing these claims, so acting quickly is important. In Colorado, most personal injury claims, including nursing home abuse, must be filed within two years. However, certain facts may extend or shorten that deadline, especially if the abuse was not discovered right away.

If your loved one has been harmed in a Colorado nursing home, contact us. Our elder abuse attorneys are experienced in holding negligent facilities accountable and protecting the rights of vulnerable seniors.