Albuquerque New Mexico Nursing Home Abuse Law Blog

The last thing that you expect when you move into a nursing home is to be neglected by the staff members who are being paid to ensure you're cared for. Unfortunately, this is something that happens to senior citizens who have entrusted facilities with their care. If you're in this position, one of the most important things for you to remember is that this isn't your fault.

Your priority at this point is to get the neglect to stop. You'll have to speak up to make this happen. You aren't being bothersome, and you shouldn't be retaliated against because you want to receive the level of care that you should be provided. We're here to help you assert your rights so that you can live without having to worry about not being taken care of properly.

Elder abuse in nursing homes is atrocious. No senior citizen should have to contend with these type of incidents. What many people don't realize is that just because there aren't bruises and other physical marks doesn't mean that there isn't a problem. In fact, emotional abuse is substantiated much more often than physical abuse.

Emotional abuse cases make up around 15% of substantiated abuse claims, while physical abuse cases represent around 11%. The remaining cases included primarily self-neglect, elder neglect, and financial exploitation. One thing that's interesting to note is that the number of nursing home abuse and neglect cases that get reported is likely far fewer than the actual cases that occur.

Nursing home residents and caregivers currently make up about one-third of all COVID deaths in the United States, with over 28,000 deaths. 

The Centers for Medicare and Medicaid Services (CMS), have loosened federal nursing home regulations during the pandemic. Nursing homes are allowed to have COVID-positive residents, under certain guidelines. 

Residents and families may notice some changes. 

- Nursing homes can use rooms like conference and dining rooms for beds and residents.

- Nursing homes can use other buildings to isolate COVID-positive residents. 

- Nursing homes now have ten working days to give a resident a copy of his or her medical records. 

- Nursing homes do not allow visitors, except for end-of-life situations. During those visits, screening and masks are required, and family members are required to maintain a distance from their loved one.  

- Social activities are not required. 

- Residents may not be able to choose their roomate or receive advance notice before being moved. Facilities are not required to tell residents or their families why they were moved. 

- Many types of staff may feed or care for residents, even without certain qualifications or training. 

- Services like barbers and hairdressers are not permitted. 

Residents still have the right to get their medical records, speak with their families, and contact their State ombudsman program, which can investigate complaints and help resolve concerns with the facility. 

If you have concerns about your loved one's care in a New Mexico nursing home, please contact our office. We are available. 

Residents of nursing homes often rely heavily on the employees of the facility for help with their care. The need to have adequate nutrition is one that can't go unchecked. Nursing homes usually have a dietary services department that's responsible for ensuring that the offerings meet the needs of the residents.

Even though healthy foods might be plentiful for residents, there are times when the individuals need to have their intake monitored to ensure they're eating enough. There are several things that employees can do when a resident is thought to not be eating enough.