Harvey & Foote Law Firm
Nursing Home Abuse And Personal InjuryThroughout New Mexico

Albuquerque New Mexico Nursing Home Abuse Law Blog

How can a nursing home prevent resident fall accidents?

One key reason why you moved your adult parent into a nursing home in Albuquerque is so they can maintain their independence and still get the level of care and support they need. But if that facility fails in its obligation to keep your loved one and other residents safe from fall hazards, problems can arise that put them at risk of pain, suffering and death. 

According to ComfortKeepers.com, each year, falls are the cause of 9,500 senior deaths. Older people are more likely to fall as they get age because they have less balance, may take medications that interfere with their balance and health conditions that can affect their flexibility and mobility. 

How are arbitration agreements changing for nursing homes?

If you or your loved one experiences mistreatment or abuse in a nursing home, you may want to file a lawsuit. Even with clear evidence of abuse or neglect, you may not be able to file suit because of a mandatory arbitration agreement.

Fighting nursing home abuse is already hard and arbitration agreements make it more difficult for abused people to get justice. We will cover how mandatory arbitration agreements can prevent nursing home lawsuits and upcoming changes to the law.

Are staffing shortages leading to nursing home neglect?

Nursing home neglect is a serious concern for everyone. Treating our elderly members of society with respect and ensuring their later years are happy and healthy is something we must strive to do. However, neglect is still rampant and a huge issue. One of the reasons for this might be the fact that many nursing homes are suffering from staffing shortages.

According to ABC News, a recent study showed that understaffing of nursing homes is endangering patients. Congress will hear more on this with the hopes they will be able to help find a solution. In the meantime, the concerns are that the lack of proper staff members is leaving patients without the constant care and supervision they need to stay healthy and safe.

Red flags to look for when considering nursing homes

The decision to place a loved one in a New Mexico nursing home or long-term care facility is never easy, but it becomes increasingly difficult if you have concerns about the type of care he or she will receive once you leave the facility. Regrettably, many nursing homes are understaffed, and many nursing home staff members are undertrained, underpaid and overworked, and these factors together sometimes result in nursing home abuse or neglect. At Harvey & Foote Law Firm, we understand your concerns for your loved one, and we have helped many clients seek justice when their loved ones suffer abuse or neglect at the hands of someone supposed to care for them.

While it is virtually impossible to know what goes on behind closed doors at all times, there are certain signs you can look for when exploring potential nursing homes that may indicate a problem inside. For example, U.S. News & World Report notes that you may want to think twice before choosing a nursing home where administrators are hard to come by. For example, if no one is at the front desk when you enter, or if you have a hard time getting your phone calls returned by facility staff, you might want to reconsider signing on.

Nursing home abuse can be difficult to combat

Families who have loved ones in a nursing home in New Mexico may be concerned about their well-being. This is not a silly concern either with nursing home abuse being a serious issue. However, as ABC News reports, many times when nursing home abuse reports are made, investigations find they are not severe enough to be considered actual harm even though families would not be so quick to dismiss the incidents.

This is disturbing, but it may also relate to the fact that every single incident regardless of the situation must be reported. This could include residents who get into altercations, which has nothing to do with the actual care provided by the institution. Even so, there are thousands of cases of actual abuse documented each year, which is a highly disturbing number.

When medical errors lead to wrongful death

When New Mexico residents become ill or injured, they go to see their doctor and/or enter a hospital. They expect their doctor to properly diagnose their illness or injury and treat it appropriately. They expect all the health care professionals with whom they come into contact to be knowledgeable, well trained and highly competent in their specific fields and duties. The last thing they expect is that professionals will act in a negligent manner that results in the patient dying from his or her illness or injury.

As The Washington Post reports, however, medical errors account for up to 251,000 deaths each year in the United States, making them the third leading cause of death. When a patient dies because of a medical error, often his or her family will file a wrongful death action against the doctor(s), hospital and other health care professionals who were part of the deceased patient’s medical team.

Bed sores and nursing home neglect

Bed sores are a serious medical condition that often affect people in nursing homes. Many times, when a resident develops bed sores, the nursing home is considered to be responsible and neglectful in allowing the condition to develop. However, in looking at this condition and what causes it, along with considering the opinions of medical professionals, it is not completely clear that a bed sore automatically equals neglect.

The U.S. National Library of Medicine explains bed sores are wounds in the skin caused by pressure. The pressure causes the breakdown and death of skin tissue. Older people, especially those with limited mobility or who are confined to beds or wheelchairs, are most susceptible to developing them. Certain health conditions that restrict blood flow, such as diabetes, can also make a person more likely to develop sores.

What should I do if I suspect nursing home abuse?

If you have a loved one in a nursing home, it can be a scary experience for you both. Your loved one in thrust into a new environment away from everything he or she has known. You are forced to entrust people you do not know with the care of someone dear to you. It is never easy to leave them, especially when nursing home abuse stories seem to be rampant.

Despite the stories you may hear, many nursing homes are actually safe places with caring staff who do their best to provide your loved one with the right care. However, according to Aging Care, it is a mistake to ignore abuse warning signs or to assume everything is fine. You should stay vigaliant and take anything your loved one says seriously.

What is wrongful death?

If you have suffered the loss of a loved one due to someone else's negligence, then you may have a wrongful death situation. Wrongful death is when the actions of one person causes the death of another person. At Harvey & Foote Law Firm, we see various wrongful death cases that run through a range of experiences, but one thing they all have in common is how heartbreaking they are. Such deaths could have almost always been prevented.

A wrongful death can be the result of many situations. A car accident, abuse, a workplace accident or medical malpractice can all lead a death caused by someone else's wrongdoing. Whether those wrongful actions were on purpose or not often does not matter. It is purely the action of doing something that should not have been done that leads to a death that makes up a wrongful death situation.

The Choices That Could Help You Avoid A Nursing Home As You Age

Eating right and exercising are the keys to a healthy lifestyle. Most of us try to stick to these premises in hopes of not just staying in shape in the short term, but to keep our bodies functioning well for the long haul. We want to have a long life and one of quality. No one wants to think about spending the last years of their life suffering, in pain and dealing with the inability to care for yourself.

A new study looks at specific lifestyle choices and characteristics of men who are in their 80s who were still able to live independently.

FindLaw Network

How Can We Help?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

AV distinguished lexisNexis Martindale-Hubbell PeerReviewRated For Ethical Standards And Legal Ability Working for Justice and You New Mexico Trial Lawyers Association-Foundation American Association For Justice NCCNHR  The National Consumer voice for quality long-term care