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What is duty of care?

When you put your loved one in a nursing home in New Mexico, you have the right to expect a certain level of care. You have the right to expect that your loved one will be well-cared for and that his or her needs will be met. When this does not happen, it is often due to neglect or the professional caregivers and medical personnel at the nursing home neglecting their duty of care.

According to The National Law Review, duty of care is the responsibility a caregiver has towards a patient. So, any professional who is working in the nursing home is obligated to care for your loved one in a competent way. This also includes not denying care when it is needed.

Duty of care is one element in a medical malpractice case. You must show that the professional who you are taking to court for malpractice had a level of duty of care for your loved one. If you cannot prove that professional was entrusted with caring for your loved one, then you do not have a case.

In general, any person working in a nursing home will have some duty of care towards the residents in that nursing home. For example, the kitchen staff is responsible for providing healthy and safe meals. The nursing staff is responsible for providing daily care, medications and other types of medical care to residents. Each worker has some duty of care simply because he or she works at the facility. This information is for education and is not legal advice. 

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