Colorado

• 2 years. (Colorado Revised Statutes, Title 13 (Courts and Court Proceedings), Article 80 (Limitations – Personal Actions), 13-80-102 – General limitation of actions, two years)
• Medical malpractice – 2 years from date of accrual.  If malpractice was knowingly concealed or involved a foreign object, then 2 years from discovery.  Child under eight, who was under six at time of malpractice, must bring claim before eighth birthday or action is on behalf of person otherwise under disability. (Colorado Revised Statutes, Title 13 (Courts and Court Proceedings), Article 80 (Limitations – Personal Actions), 13-80-103)

• Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
• Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)

• 2 years. (Colorado Revised Statutes, Title 13 (Courts and Court Proceedings), Article 80 (Limitations – Personal Actions), 13-80-102 – General limitation of actions, two years)

• Civil action other than medical malpractice: Noneconomic damages are limited to $250,000, unless the court finds justification by clear and convincing evidence to increase damages. (Colorado Revised Statutes §13-21-102.5 – Limitations on damages for noneconomic loss or injury)
• Medical malpractice: Damages (past and future) are capped at $1 million per patient, including any claim for derivative noneconomic loss or injury, of which not more than $300,000 shall be attributable to direct or derivative noneconomic loss or injury (unless court determines that damages exceeding this limitation would be fair, then court may award in excess of the limitation the present value of additional past and future damages only). (Colorado Revised Statutes §13-64-302)

• Adult Protective Services
• Department of Public Health and Environment
• Health Facilities Division
• Division of Aging and Adult Services
• Long Term Care Ombudsman

• Protective Services for At-Risk Adults – (Section 26-3.1-101, C.R.S., et seq)
• Wrongs to At-Risk Adults – (Section 18-6.5-101, C.R.S., et seq)

• Colorado Jury Sides With Family Of Nursing Home Resident In Fall Lawsuit

A Colorado jury has awarded $375,000 the the family of a deceased nursing home resident.  The family of Doris Wolf brought a lawsuit against Spring Healthcare Center and Sava Senior Care, the parent company for injuries she sustained in a fall while a resident at the facility.

According to the Colorado Department of Public Health, Ms. Wolf was admitted to Spring Healthcare Center for rehabilitation following surgery on her back.  The day Ms. Wolf was to go home, she fell in the bathroom.  Apparently, Ms. Wolf used her call button to ask the nursing home staff for assistance in using the toilet.  After not receiving any response, Ms. Wolf used the bathroom unassisted and fell.  When Wolfe thought an "extended amount of time passed" and no one answered her request, she opted to try to walk toward her walker on her own and broke her ankle.....

• Colorado Invalidates Nursing Home Arbitration Agreements Signed By Healthcare Proxies

The Colorado Supreme Court handed down a decision in the matter of Lujan v. Life Care Centers of America that invalidates nursing home arbitration agreements entered into by a healthcare proxy. The Colorado Court  held that the power to make medical decisions is different from the ability to consent settle disputes via a private system-- as in done in nursing home cases with mandatory arbitration agreements.

In Lujan, Estella Lujan's son admitted her to a Life Care Center in Colorado and signed off on an arbitration agreement along with other admission paperwork.  Three days after Ms. Lujan's admission to Life Care Center, she died.  

• Nurse's Assistant Punches & Runs

A certified nurses assistant (CNA) is now behind bars following a brutal episode at Ashley Manor, a Colorado nursing home.  According to local police, 23-year-old Kalen Randolph stuck an Alzheimer's patient multiple times before fleeing the facility altogether and leaving all the residents of the facility unattended.  The 74-year-old victim suffered injuries to his head, ear and hand.  Mr. Randolph is charged with eight counts of neglect and one count ofsecond degree assault.  Read more about this incident of nursing home abuse here.

Make Sure There Are Enough NursesThe Legal Medicine Blog written the Dan Frith and Lauren Ellerman commented on a recent incident involving a Colorado nursing home's failure to provide assistance to a nursing home resident using the the bathroom.  Firth and Ellerman get at the meat of the issue with respect to many nursing home fallsand scores of nursing home injuries--not enough nurses.

Sure shiny, pretty facilities are nice, but when evaluating facilities, the most important criteria in the selection of the facility is if the facility has enough staff.  Not just nurses, but also nurses aides, physical therapists, maintenance personnel and even cafeteria workers are all important to the providing quality patient care.  Adequate staffing provides ample manpower to properly look after nursing home residents. 

• Nursing Homes With Higher Percentage Of Hispanic Residents Have Higher Rate Of Bed Sores

A research study concluded by researchers at Brown University concluded nursing homes with a higher Hispanic populations have higher rates of bed sores (also known as: pressure sores, pressure ulcers, decubitus ulcers) than facilities with less minorities.  The results are detailed in the Journal of the American Medical Association.

The researchers gathered information from the National Repository of the Minimum Data Set, a federally mandated assessment of all nursing home residents and from the Oscar Database System, a survey of all nursing home residents from the Centers for Medicaid and Medicare Services.  Additionally, the Brown study evaluated all nursing home residents over 65 who live in nursing homes in California, New Mexico, Texas, Arizona and Colorado.