Our law firm has handled thousands of New Mexico elder abuse claims and is ready to help your family. We offer free consultations.
Albuquerque, NM Wrongful Death FAQs
-
What are the common challenges faced by elderly residents in Albuquerque regarding abuse?The most difficult challenge faced by most elderly residents who were abused or neglected is usually speaking up about that abuse. Many have trouble communicating due to physical or mental health limitations. Some might have memory issues that make it difficult to remember an incident of abuse. Others still may be afraid to report the abuse.
-
Are there specific nursing homes or assisted living facilities in Albuquerque with a history of elder abuse complaints?A recent report from New Mexico health officials found that 88% of nursing homes in the state had at least one unacceptable safety violation. On the list of the nursing homes with the worst safety deficiencies, three were in Albuquerque, including Morada Assisted Living Facility, Las Palomos Care Center, and Uptown Rehabilitation Center.
-
Can I get a free consultation with an elder abuse attorney in Albuquerque?
Harvey, Foote & Baker Law Firm offers free consultations for inquiring elder abuse clients. During this consultation, you can tell us what has happened, so we can see if you have the option to file a claim.
-
How much does it cost to hire an elder abuse attorney in Albuquerque?
At Harvey, Foote & Baker Law Firm, we make hiring reputable legal counsel highly affordable for more people by offering our legal services based on contingency fees. Under this payment system, you only have to pay attorney fees if we end your case with a settlement or award that benefits you. If we do secure compensation for you, our attorney fee will be based on a percentage of the total winnings, which means the cost will never be more than you can afford.
-
What should I look for when hiring an elder abuse attorney in Albuquerque?You should look for an elder abuse attorney who has a history of taking cases similar to yours. Experience matters in such a serious situation. Also, work with a team that you believe genuinely cares about you and your family. You’re in for a difficult road ahead, so it’s important to know that you can lean on your legal counsel for support.
Elder Abuse & Reporting in New Mexico
Elder abuse refers to any intentional or negligent act that causes harm to an older adult, typically aged 60 or older, who may be physically or mentally frail. When it occurs in a nursing home, as it often does, it is specifically referred to as nursing home abuse. Victims often suffer in silence due to fear, shame, or inability to communicate the abuse they face, highlighting the importance of vigilant observation and intervention by family members and caretakers.
Types of Elder Abuse
Elder abuse can take many different forms, all of them harmful, including:
- Physical Abuse: Inflicting physical harm on an elderly person through acts such as hitting, kicking, slapping, or pushing, as well as the unsafe use of restraints or medication to subdue them.
- Emotional & Psychological Abuse: Verbal abuse, humiliation, threats, intimidation, or isolation, which can lead to emotional distress, anxiety, and depression.
- Financial Abuse or Exploitation: Unauthorized use of an elderly person's funds, property, or assets; coercion or deception to gain control over an elder's financial resources; and fraudulent activities such as identity theft, forging signatures, or manipulating bank accounts.
- Neglect: Failing to provide essential care and support, including food, shelter, clothing, hygiene, and medical attention. Signs of neglect include malnutrition, unattended medical needs, poor hygiene, or unsafe living conditions.
- Sexual Abuse: Any non-consensual sexual activity involving an older adult, including sexual harassment that does not include physical touch. Victims may exhibit symptoms such as bruising, sexually transmitted infections, or torn or bloody underclothing.
Important Elder Abuse Statistics
According to the Centers for Disease Control and Prevention (CDC):
- About 46,000 older adults will need emergency department care each year due to injuries related to physical abuse.
- More than 1,000 older adults are fatally injured due to intentional abuse each year.
- Roughly 10% of all older adults living at home will suffer from abuse or neglect.
According to the World Health Organization (WHO):
- About 1 in 6 older adults will suffer from abuse each year.
- 2 in 3 nursing home staff members admit to abusing at least one resident each year.
- Elder abuse increased “significantly” during the height of the COVID-19 pandemic.
Risk Factors for Elder Abuse in Nursing Homes
Although every older adult in a nursing home could be the victim of elder abuse, certain demographics are more vulnerable to abuse than others. At Harvey, Foote & Baker Law Firm, our Albuquerque elder abuse attorneys are available to help anyone who needs our legal counsel, but we usually focus on cases involving vulnerable elders who were abused, neglected, or exploited. Understanding these risk factors allows for proactive approaches in safeguarding seniors.
Risk factors that are known to increase the risk of being victimized by elder abuse are:
- Weakened physical health or immobility
- Declining mental health or dementia, which can make recognizing or reporting abuse difficult
- Isolation from other seniors in the nursing home, leading to lack of social support
- Complications caused by speech impediments, hindering their ability to report abuse clearly
Reporting Elder Abuse in New Mexico
If you suspect that your elderly loved one has been abused in a nursing home, you should contact New Mexico Aging Services – Adult Protective Services (APS). Dial 866-654-3219 to report the suspected abuse. You can present any information you have available at the time. This toll-free line is available to anyone who wants to make a report, including mandatory reporters, and represents a critical resource in initiating protective action and investigation.
What to Do If Your Loved One Is a Victim of Elder Abuse
If you suspect or know that your loved one is experiencing elder abuse, you should follow these steps:
- Call 911: If there is an immediate threat to your loved one's safety, call 911. If the danger is not immediate but you believe your loved one is in a harmful situation, consider moving them to a safe location.
- Report to authorities: Contact Adult Protective Services by calling 866-654-3219. While making this report, you can inquire about what law enforcement agency you should notify next if necessary.
- Seek medical attention: If your loved one has suffered physical harm, arrange for them to get prompt medical attention.
- Gather information and evidence: Document any signs of abuse, including photographs of injuries, instances of neglect, or any evidence of financial exploitation. Collect relevant documents, such as medical records, financial statements, and communication records.
- Speak with your loved one: If possible, talk to your loved one about the situation. Be supportive, understanding, and non-confrontational. Listen to their concerns and experiences.
- Call Our Attorneys: Once your loved one is safe and you know abuse has occurred, dial (505) 295-2245 5 to connect with our elder abuse attorneys. You can reach out whenever you have questions.
New Mexico Ombudsman Program for Elder Abuse
What Sets Us Apart
-
You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
-
You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
-
You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
-
You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.