Nursing Home Claims

Answers to most frequently asked questions about nursing home claims.

1. Who can bring a claim against a nursing home?

Answer: Anyone who is injured or suffers a wrongful death as a result of the negligence or carelessness of the employees in a nursing home.

2. What is negligence?

Answer: Negligence is defined as the failure to do an act which a reasonably careful person would do or the doing of an act which a reasonably careful person would not do in order to protect others from bodily injury or death.

The question of negligence is a jury question—was the Defendant’s conduct unreasonable under the circumstances?

3. What types of injuries can occur in a nursing home?

Answer: There are a variety of unfortunate and avoidable injuries that can occur in a nursing home. This can include providing the wrong medication, failure to supervise patients, failure to provide oxygen, failure to monitor, failure to raise bed rails resulting in a person falling, etc. The key to evaluating a negligence case is an investigation and evaluation of specifically how the client was injured.

4. Are there governmental regulations regarding nursing homes?

Answer: Yes. There are both federal and state regulations governing nursing homes. Any violation of the regulations can be considered an act of negligence, so long as the violation resulted in an injury.

5. What type of experts are typically used in a negligence claim against a nursing home?

Answer: Experts can include administrators of nursing homes, directors of nursing, physicians regarding the standard of care that a nursing home may follow. Other experts regarding the damages the client suffered can include the medical team and potentially a life care planner or economist.

6. What are the odds my nursing home case will settle?

Answer: In the event that the nursing home was negligent, the chances of a settlement are greater than 90%.

7. When do I have to file a Complaint in Court?

Answer: The statute of limitations in Colorado is two years for any negligence case, other than a motor vehicle collision. However, if the nursing home is a governmental entity, you must provide Notice of the Claim within 6 months.

8. Should the family hire an attorney to handle a negligence case against a nursing home?

Answer: It is strongly recommended that an experienced attorney be retained as soon as possible. It is important to obtain all of the evidence including nursing notes, physician’s orders, policies and procedures, medical records, etc. so that the claim can be understood and clearly presented. Your attorney can evaluate whether a 6 month Notice is required.