Earlier this year, prosecutors in another state accused a guard at an elder care facility of committing assault against a resident at the home. The resident who was reportedly assaulted has also decided to fight back by suing the guard and the nursing home. Anyone in New Mexico or another state who has suffered nursing home abuse has the right to take legal action through the civil court system.
The woman, 83, who claimed she was harmed by the security guard in the recent out-of-state case, asserted that she was injured and physically assaulted without provoking this treatment. The ordeal reportedly caused the woman to suffer both physical and emotional injuries. She claimed that the nursing home was negligent in its hiring of the security guard because the guard was dangerous and lacked sensibility and maturity.
In a previous criminal complaint, the security guard was accused of hitting the woman in the face, causing the woman to fall to the floor and develop bruises on her torso and face. The woman has Alzheimer's. The guard ended up being charged with harassment as well as both misdemeanor and felony assault.
In her lawsuit, the plaintiff is seeking an unspecified amount in financial damages. People in nursing homes in New Mexico have the right to seek to hold the facilities accountable if they allow nursing home abuse to take place. A monetary award in a successfully litigated case may help to cover the plaintiff's medical bills as well as address pain and suffering caused by the abuse.
Source: silive.com, "Suit alleges nursing home guard attacked 83-year-old patient", Frank Donnelly, Sept. 13, 2016