If a resident of a New Mexico nursing home does not receive proper care, he or she may end up losing his or her life, and this is grounds for a lawsuit. This is what reportedly happened to one woman in a recent out-of-state case. The woman's son recently filed a nursing home neglect case against the nursing home on his mother's behalf, alleging that inadequate care led to her death.
According to the lawsuit, the staff members did not receive proper training. In addition, the woman allegedly did not receive emergency treatment while she was choking. The woman's son claimed that this caused his mother to suffer pain and led to her death.
The nursing home where the woman reportedly died has received a total of 16 violations during the past couple of years. In fact, six of the nursing facilities owned by the parent company that owns the recently sued home have paid more than $320,000 in fines during the past three years due to violations. The parent company, however, asserted that patients' safety and care was its top priority and that it would keep focusing on the quality of patient care.
If a nursing home in New Mexico does not uphold a reasonable standard of care when caring for its residents, the family members of the residents have the right to file nursing home neglect lawsuits if the residents die as a result. A preponderance of the evidence is needed to establish financial responsibility in this type of case. Only then will a judge decide claims for damages.
Source: wspa.com, "Family blames nursing home death on negligence", Brianna Smith, May 26, 2016