Nursing homes serve a vital role in caring for the elderly members of our Albuquerque community who need additional support in ensuring their quality of life. Sadly, not all residents in these facilities receive the standard of care they deserve due to nursing home abuse. In these cases, an Albuquerque nursing home abuse lawyer from our firm could serve as an experienced advocate for pursuing justice by filing a civil claim for compensation on a loved one’s behalf. Our personal injury attorneys could provide the legal support your family needs.
Residents of nursing homes are often highly vulnerable because of their advanced age and medical conditions, such as Alzheimer’s or dementia, that may limit their capacity. Abuse in these facilities can take many different forms and occur either through the wrongful acts of an individual caretaker or the systemic failures of the institution. For example, a facility may not properly train employees, be understaffed, and suffer from other inadequacies. The types of abusive acts that may cause damage to a resident and establish a nursing home’s liability include but are not limited to the following:
Intentional acts of abuse may result in serious injury, such as broken bones, emotional distress, and depression. In comparison, a nursing home’s neglect in its failure to meet the required standard of care for a resident may lead to worsened health status from malnutrition or the onset of new medical conditions like bedsores. Aside from physical evidence, signs of abuse in a nursing home could include unreasonable restrictions on visitation, behavioral changes in a resident, and general observations of neglect throughout a facility. Our Albuquerque attorneys could help a family identify signs of nursing home abuse and hold a facility accountable.
Nursing home abuse can be committed by a staff member, visitor, or another patient, and the care facility could be liable. There are specific signs to look for in your loved one, and if you spot one or more, contact our personal injury attorneys immediately to rectify the abuse. Warning signs include:
Our dedicated attorneys understand the emotional angst the patient must be feeling, but also the family if abuse is suspected. Do not wait if the signs of it are clear. Contact us now, and we will assess your claim during a complimentary session.
Our attorneys are well-versed in the New Mexico Nursing Home Care Act and the Federal Nursing Home Reform Act (OBRA), which detail levels of care for nursing home patients and detail patients’ rights. OBRA applies to all facilities receiving Medicare or Medicaid funding, while state law applies to all residents of care facilities. Both Acts set standards for how care facilities must provide safe and dignified environments free from abuse.
In New Mexico, these facilities, their employees, and loved ones who suspect or become aware of patient abuse or neglect are required to report it to the appropriate agency, which could include law enforcement in many cases. If you are a patient’s loved one, you should report suspected abuse to the administrators of the care facility as soon as possible and then call our law firm to learn how we can assist you. We can help you report abuse to:
If your loved one is in imminent danger, it may be best to remove them from the at-fault facility as soon as possible. Document any injuries you observe.
We will help you gather evidence, which could include employing the services of an investigator, scrutinizing medical records and the patient’s chart with notes, and talking to witnesses. Once we assess the evidence, we can begin building a personal injury case for compensation for all losses that will include having to move your loved one from a dangerous facility.
As your case moves along, we can negotiate with the at-fault facility or insurers and litigate if we do not believe a settlement offer is fair when we consider what your loved one has endured. You need an attorney who is compassionate and skilled in handling these unique and sensitive cases.
Reporting abuse and neglect in a nursing home is essential for stopping the exploitation and deterring future bad actors. A nursing home abuse lawyer in Albuquerque could help report a claim to the New Mexico Health Care Authority in addition to other available remedies. Physical injury, including manifestations of emotional distress and mental illness, may warrant a civil claim for damages against a nursing home facility. A lawyer can seek compensation for an injured resident’s medical care, pain and suffering, and other losses that result from the abuse. Nursing home abuse that results in wrongful death may enable a claim by the victim’s estate for the benefit of heirs under the law.
The statutes of limitations in New Mexico restrict the amount of time a plaintiff must file a civil lawsuit resulting from nursing home abuse. Meeting with an attorney as soon as possible after discovering an injury or wrongful death is important for determining any potential filing deadlines in a case.
The experience of our lawyers comes not only from their legal skills but also their knowledge as people born and raised in the area. They care deeply about the health and well-being of the community, especially those vulnerable members who rely on nursing homes and other caretakers. Schedule a free case review with an Albuquerque nursing home abuse lawyer today.
