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September 20 2012

Suit Filed Against CMHIP Concerning Patient Suicide

The Law Offices of JM Reinan, PC has filed another case against the Colorado Mental Health Institute at Pueblo (“CMHIP”), this time on behalf of the Estate of Edward Benge and Mr. Benge’s father.  Other Defendants in the lawsuit include the Colorado Department of Human Services (“CDHS”), which administers CMHIP, as well as the former Superintendent of CMHIP and the individuals responsible for Mr. Benge’s care, treatment and safety while he was a patient there.

 

Edward Benge committed suicide at CMHIP in September 2010.  The suit alleges, in part based on investigations at CMHIP into Mr. Benge’s and other patients’ suicides and deaths around the same time, that known, uncorrected poor conditions at CMHIP led to Mr. Benge’s preventable death.  Among other things, the suit alleges that the hospital “was in disarray from the top down, with chronically short staffing, poor staff morale and an abject absence of a reasonable and proper system of suicide prevention and training.”  The suit further alleges that CMHIP lacked appropriate policies and procedures, and failed to properly train its staff.

 

The suit cites to an investigation into Mr. Benge’s death at CMHIP conducted by the Colorado Department of Public Health and Environment (“CDPHE”). In its investigation, the CDPHE concluded that “the facility failed to ensure patient safety was maintained with accountability rounds, safety searches, reliable door locks/hardware, control of linen and patient belongings, adequate nursing staff and adequate supervisory staff.  Deficient practice was cited.”

 

The lawsuit also references a November Audit of CMHIP published on November 15, 2010 on CDHS letterhead, which concluded, among other things, that the unit at CMHIP on which Ed Benge resided suffered from huge deficits in resources and staffing; admitted more patients than it was equipped to handle; lacked proper staff training on patient care and security systems; and lacked sufficient numbers of psychologists and psychiatrists.

 

The suit further alleges that although Mr. Benge exhibited clear suicidal ideations and behaviors, proper suicide precautions were not undertaken.

 

The suit alleges that these failures and uncorrected poor conditions and staffing deficits amount to civil rights violations, and further seeks injunctive and declaratory relief from the court.

 

To see what KMGH Denver News reported on this story, click on the following links:

 

https://www.thedenverchannel.com/news/behind-the-walls-of-state-mental-hospital

 

https://www.thedenverchannel.com/news/pueblo-patient-suffocated-in-restraint-m-e-rules

 

 

 

J Reinan to Present at the 4th Annual Elder Law Retreat in Vail, Colorado Family Files Wrongful Death Suit Against Home Health Care Company and Retirement Community

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Law Offices of J.M. Reinan, P.C.
Our Colorado attorneys focus on abuse, neglect & wrongful death of the elderly & disabled, healthcare consumer protection and mental health & addiction rehabilitation neglect & abuse.

Do you have a potential case or questions? Contact our office:

1437 High Street
Denver, CO 80218
Phone: (303) 894-0383
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info@reinanlaw.com
Latest Blog Posts
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LAW OFFICES OF J.M. REINAN, P.C.

Since 1999, The Law Offices of J. M. Reinan has been dedicated to cases involving nursing home abuse, medical malpractice, elder law, negligence resulting in injury or death, consumer protection, civil rights violations, and outrageous conduct. We are fully licensed and practice in Colorado, Minnesota, and Wyoming. If you feel your case could benefit from our representation, contact us today for a consultation!

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Fax: (303) 894-0384

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Minneapolis, MN 55401
Phone: (612) 888-5290

info@reinanlaw.com

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  • Ruling of Johnson v. Rowan
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