Is Nursing Home Neglect Malpractice?

Is Nursing Home Neglect Malpractice?

Is Nursing Home Neglect Malpractice?

Nursing home residents often require medical attention to remain comfortable. Some nursing homes fail to provide their residents with consistent attention, though, let alone the medical care they need to overcome infections, pain, and discomfort.

In Colorado, addressing nursing home neglect and malpractice involves specific challenges and legal considerations, particularly when dealing with a Colorado nursing home. These cases often require the expertise of attorneys experienced in navigating the state’s legal system to ensure justice for victims.

Where is the line, however, between nursing home neglect and nursing home malpractice? Unsurprisingly, there is some overlap between the two categories of personal injury. If you suspect one of your loved ones has suffered from either condition—or some combination thereof—you may be able to work with our nursing home malpractice lawyers to hold the offending parties accountable.

Defining Nursing Home Neglect for a Nursing Home Neglect Lawsuit

The act of neglecting another person, encompassing various forms of abuse or neglect such as physical, psychological, financial abuse, or negligence, can be deliberate or accidental. This broad spectrum of harmful behaviors can see your loved one denied the medical and social attention they need to flourish in a nursing home, leading to severe consequences like the development of bedsores and emotional withdrawal. Family members play a crucial role in recognizing the warning signs of nursing home abuse or neglect and are often the ones to take the initial steps toward legal action to protect their loved ones.

Defining Nursing Home Malpractice

Nursing home medical malpractice is both independent from nursing home negligence and a subset of this behavior. As an independent entity, nursing home malpractice can describe a staff’s refusal or inability to meet a resident’s medical needs. This can include the improper distribution of medication or refusal of essential treatments.

A nursing home staff member who neglects to give a resident their medical or aid in their movement can be accused of nursing home medical malpractice. Similarly, a nursing home resident who suffers from bedsores can file a suit claiming both negligence and medical malpractice.

You can only make these accusations when the neglect in question compromises your loved one’s health, though. For example, the emotional impact of nursing home negligence could not cross-qualify as medical malpractice.

How a Nursing Home Resident Should React in the Face of Neglect

Your loved one has the right to take legal action if they’ve suffered from either nursing home neglect and abuse or medical malpractice. Determining how best to move a lawsuit forward can be challenging, though. This is particularly the case if your loved one hasn’t interacted with nursing home law before.

It is in your best interest to schedule a consultation with a personal injury attorney in your area. Legal professionals may be able to discuss your circumstances and begin an investigation into a nursing home’s behavior. At the same time, we may be able to begin composing your complaint. Ideally, we want to bring nursing home neglect and abuse cases forward to civil courts before their statute of limitations expires.

If your loved one is not in a position to defend their best interests in court, you can still act. A loved one’s personal executor can often take legal action on their behalf. You can work with our team to determine your right to act on behalf of a loved one.

Discuss Your Loved One’s Well-Being With a Nursing Home Malpractice Attorney

At first glance, nursing home neglect and medical malpractice can look similar. That’s because there is some significant crossover between the two forms of mistreatment. You need to determine how you want to classify the behaviors your loved one has suffered, however, if you want to bring a civil case against a specific nursing home.

Fortunately, you’re under no obligation to sort through legal definitions alone. You can contact a nursing home malpractice lawyer instead. Mintz Law Firm can stand with you as you bring your concerns for your loved one’s well-being before a civil judge. For more information or to schedule a consultation, you can reach us via our contact form or call (303) 462-2999.

Find Out if We Can Help

Contact Us