Albuquerque Elder Abuse Attorneys

What is Considered Elder Abuse?

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 called nursing home abuse.

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 or psychological Abuse: Verbal abuse, humiliation, threats, intimidation, or isolation, which can lead to emotional distress, anxiety, and depression, as well as ignoring or neglecting the elder's emotional needs.
• 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.
• Sexual abuse: Any non-consensual sexual activity involving an older adult, including sexual harassment that does not include physical touch.

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

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 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.

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
• Isolation from other seniors in the nursing home
• Complications caused by speech impediments

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.

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 to connect with our elder abuse attorneys. You can reach out whenever you have questions.

New Mexico Ombudsman Program

An ombudsman is an individual who acts as an intermediary between two parties, especially when a conflict exists between those parties. The New Mexico Aging & Long-Term Services Department has an ombudsman program that can connect you with an ombudsman who can then interact with the nursing home on your behalf if you suspect abuse or neglect but aren’t ready to file an injury claim. The Long-Term Care Ombudsman Program can be reached by dialing 866-451-2901 (toll-free).

Legal Grounds for Elder Abuse Lawsuits in New Mexico

Do you have legal grounds to file an elder abuse lawsuit? If your elderly loved one was injured while staying in a nursing home, you might have the grounds, even if the injury was not inflicted intentionally. Our attorneys can investigate the situation to determine if the injury could have been prevented had the nursing home provided the safe and attentive environment that was promised to its residents. If so, we can talk about starting a claim or lawsuit on your behalf.

Who Can Be Held Liable for Elder Abuse

Liable parties or defendants in elder abuse claims often include:

• Caregivers: Professional caregivers, such as home health aides, nursing home staff, or personal care attendants, can be liable if they physically, emotionally, or financially abuse or neglect the elderly individuals under their care.
• Healthcare providers: Doctors, nurses, and other healthcare professionals may be held liable if they provide substandard medical care or incorrectly medicate an elderly resident.
• Financial advisors or guardians: People appointed as financial advisors, guardians, or power of attorney agents can be liable if they misuse the elderly person's assets or engage in financial exploitation.
• Nursing home companies: Nursing homes and assisted living facilities can be held liable for elder abuse that occurs within their premises if they fail to provide a safe and secure environment or if their staff members engage in abusive or neglectful behavior.

Proving Elder Abuse Claims

You can be certain that the liable party in your elder abuse claim will not want to admit to doing anything wrong. If you want to pursue justice and fair compensation, your argument will need to be able to stand up to scrutiny and challenge any counterarguments. Our Albuquerque elder abuse attorneys can use a variety of evidence to prove that elder abuse happened and that the other party should be responsible for paying for your family’s losses.

Types of evidence that could be useful for your elder abuse claim include:

• Medical records
• Nursing home safety reports
• Witness statements
• Financial records

Types of Damages in Elder Abuse Claims

Through an elder abuse claim, you can seek various damages for your family’s losses and the harm that has come to your elderly loved one. We are here to help you pursue every dollar owed to you.

Damages in an elder abuse claim will usually include:

• Economic: Damages related to medical treatment costs and the cost of moving an elderly resident to a new nursing home are the most common types of economic damages in elder abuse claims.
• Non-economic: Damages related to pain, suffering, lessened enjoyment of life, and lost independence or mobility are common forms of non-economic damages in elder abuse claims.

Will Your Case Settle or Go to Trial?

Every elder abuse case has a chance to be settled, just as every case has a chance to go to trial. It is impossible to guarantee which way a case will end because every case is unique. However, our attorneys always look for ways to fairly settle an injury claim out of court, which allows us to secure compensation sooner rather than later. Of course, if a fair settlement is not reachable, we will be ready to litigate in court on your behalf.

Statute of Limitations on Elder Abuse Claims in New Mexico

Most injury claims in New Mexico are held to a three-year statute of limitations, including elder abuse claims. The statute of limitations begins on the final date of injury, abuse, or neglect suffered by the plaintiff. Once three years pass from that date, you will likely lose the right to use the courts to demand compensation from the defendant.

What to Expect When Hiring Harvey & Foote Law Firm

You shouldn’t head into an elder abuse claim on your own. Work with our law firm as soon as possible to get the support you need to feel more confident as your case progresses.

When working with our firm, we are here to handle all parts and processes of your case, such as:

• Investigating the circumstances of the alleged elder abuse
• Collecting evidence to prepare your claim
• Interacting with the nursing home or defendant on your behalf
• Filing a claim before the statute of limitations ends
• Attempting to negotiate with the nursing home
• Litigating in court if necessary

It’s important to us that you feel seen and heard while your case progresses. We will provide you with regular updates about your case status so that you remain informed throughout the legal process.

Don’t Wait – Get Legal Help Today

When you are worried about your elderly loved one and fear they might have been abused or neglected, act fast to try to set things right. Come to Harvey & Foote Law Firm in Albuquerque and talk to our elder abuse lawyers. We’re always standing ready to do what’s right for elders in need.

If you suspect that an elderly loved one is being abused or neglected at their nursing home facility - don't hesitate! Contact us today at (505) 295-2245, let's fight elder abuse together!