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Is Your Loved One’s Colorado Nursing Home Insured?

Selecting a nursing home for your aging family member is a hard thing to do. You want to make sure the facility you choose is clean and has friendly and competent staff who will take good care of them. You also need the answers to other important questions, such as, “What types of insurance does the nursing home have?” The legal team at Holland, Holland Edwards & Grossman, LLC, wants to help you gain a better understanding of the Colorado nursing home laws so you can make a good choice. 

What types of liability insurance does a nursing home carry? 

According to the Colorado Department of Public Health and Environment (CDPHE), there are two main types of liability insurance that a nursing home in Colorado must carry. All nursing homes must have general liability and professional liability insurance.  

General Liability Insurance

This type of insurance covers lawsuits that occur from everyday business activities that are not employee-related. This type of insurance would cover a visitor or vendor in the nursing home slipping and hurting themselves. It also may cover non-medical resident injuries. 

Professional Liability Insurance

This type of liability insurance covers the medical staff if they make a treatment-related error. Mistakes covered by liability insurance could include anything from administering the wrong medication to failing to follow a resident’s care plan. 

Under Colorado statute, CRS 13-64-301, all healthcare facilities—including nursing homes with 16 beds or more—must meet the financial responsibility requirements of the state’s Health Care Availability Act. This means that all nursing homes must hold a professional liability insurance policy. If they do not have such an insurance policy, they must have an approved alternative plan in case of a lawsuit. 

What happens if I need to sue a nursing home? 

Sadly, not every Colorado nursing home always cares for our loved ones the way they should. An accident can injure or even kill a resident—a staff member might abuse or neglect them. The resident’s loved ones could find themselves with additional medical bills and other expenses, not to mention the pain and suffering caused by such a traumatic event. 

If anything like this occurs, the family of a nursing home resident has the right to sue the nursing home. The facility’s liability insurance policies are supposed to be in place to cover the amount awarded from the lawsuit. 

When evaluating a nursing home lawsuit, there are a few things to consider: 

  • What is the basis of the abuse or neglect lawsuit? 
  • Is there evidence of the injury and the negligence?
  • What is the extent of the resident’s injuries? 
  • Were there any medical costs due to these injuries? 
  • What kind of psychological impact did the experience have on the resident? 
  • How much pain and suffering did the negligence cause? 

Once a qualified nursing home abuse and neglect attorney compiles this information, they can seek fair compensation. 

Understanding Colorado Nursing Home Laws

We fully understand how difficult choosing the right nursing home can be. No one wants to place a loved one in a facility that does not maintain the highest standards. If you have questions regarding Colorado nursing home laws or need to evaluate filing a lawsuit against a nursing home, call Holland, Holland Edwards & Grossman, LLC today at 303-860-1331 or contact us online. 

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