Albuquerque Nursing Home Abuse Attorneys

What Is Nursing Home Abuse & How Can I Prove It? 

Nursing home abuse refers to any form of mistreatment or harm inflicted upon residents in long-term care facilities, such as nursing homes, assisted living facilities, group homes, and similar institutions. This abuse can occur through various means and can have serious physical, emotional, or financial consequences for the elderly or vulnerable individuals residing in these facilities. 

To succeed in a nursing home abuse claim in New Mexico, you typically need to establish the following elements of your case:

1. Duty of Care: You must demonstrate that the nursing home or care facility owed a duty of care to the resident who was allegedly abused. This duty of care typically arises from the facility's responsibility to provide a safe and secure environment and adequate care and treatment for residents.
2. Breach of Duty: You need to show that the nursing home or its staff breached their duty of care. This can involve proving that they failed to meet the appropriate standard of care expected in the industry, including adhering to state and federal nursing home care regulations.
3. Causation: You must establish a direct link between the breach of duty and the harm suffered by the resident. In other words, you need to demonstrate that the abuse or neglect directly led to the resident's injuries or suffering.
4. Damages: To succeed in a nursing home abuse claim, you need to show that the resident suffered damages as a result of the abuse or neglect. These damages can include physical injuries, emotional distress, medical expenses, pain and suffering, and other losses.

The Albuquerque nursing home abuse lawyers at Harvey & Foote Law Firm are extensively familiar with the various types of abuse that can occur in long-term care settings. Our team understands how to strategically navigate these matters and protect the interests of your loved one in and out of the courtroom.  

Types of Nursing Home Abuse Cases We Handle

Our lawyers at the Harvey & Foote Law Firm are prepared to assist you with cases involving:

• Abuse by Another Resident: Sometimes, residents can engage in aggressive or violent behavior towards their fellow residents, resulting in physical, emotional, or psychological harm. This can include physical altercations, bullying, or intimidation.
• Abuse by Staff: This form of abuse occurs when the staff members responsible for the care of residents engage in mistreatment. It can include physical abuse, emotional abuse, verbal abuse, or other forms of harm.
• Assisted Living Facility Abuse: Assisted living facilities can also be settings for abuse. These facilities provide a level of care and support that falls between independent living and nursing homes, but abuse can still occur in this environment.
• Group Home Abuse: Group homes are designed to provide a more homelike environment for individuals with special needs. Abuse may occur here due to inadequate supervision or poor management.
• Physical Abuse:  This includes any intentional use of force that results in bodily harm, such as hitting, pushing, slapping, or rough handling.
• Emotional Abuse: Emotional abuse involves any behavior that causes psychological harm, such as humiliation, isolation, intimidation, or verbal threats.
• Sexual Abuse: Sexual abuse entails non-consensual sexual acts, harassment, or any unwanted sexual advances toward residents who may not be capable of giving informed consent due to cognitive impairment or vulnerability.
• Financial Abuse: This form of abuse involves the mismanagement, theft, or exploitation of a resident's financial resources. It may include identity theft, fraud, or unauthorized use of funds or property.
• Medication Errors: Negligent administration of medication, including overmedication, under-medication, or the wrong medication, can have severe health consequences for residents.
• Failure to Perform CPR: In emergencies, if staff fails to provide necessary life-saving procedures like cardiopulmonary resuscitation (CPR), it can lead to severe harm or even death.
• Elopement and Wandering: Some residents may have cognitive impairments or dementia and may wander away from the facility, putting themselves at risk of injury or exposure to dangerous situations.
• Falls: Nursing home residents are often at a higher risk of falling, and inadequate fall prevention measures can lead to injuries such as fractures, head trauma, or other complications.
• Choking: Choking incidents can occur when residents are not adequately supervised during meal times or when staff fails to address choking risks.
• Dehydration: Failure to provide residents with sufficient water can lead to dehydration, which can be especially dangerous for older adults.
• Malnutrition: Inadequate nutrition can lead to weight loss, muscle atrophy, and various health problems, which are often the result of neglect.
• Poor Hygiene: Neglecting residents' hygiene, including bathing, changing clothing, or providing clean living conditions, can lead to various health issues and discomfort.
• Sepsis: Infections left untreated can develop into sepsis, a life-threatening condition, if staff neglects to provide timely medical attention.
• Bedsores:  Prolonged immobility and poor care can lead to the development of painful and potentially dangerous bedsores, which are preventable with proper care.
• Wrongful Death:  In the most severe cases, nursing home abuse can lead to the untimely death of a resident due to negligence, mistreatment, or neglect.

Nursing Home Abuse Laws in New Mexico

In New Mexico, nursing home facilities are regulated by both state and federal laws designed to protect residents from abuse, neglect, and exploitation. These laws set forth the standards of care that nursing homes must meet, and failure to comply with these standards can result in legal liability. The most relevant laws include:

• New Mexico Nursing Home Care Act: This act governs nursing homes' responsibilities in providing care and outlines residents' rights. Facilities must ensure safe, adequate, and respectful care for all residents.
• Federal Nursing Home Reform Act (OBRA): Passed in 1987, this federal law mandates that nursing homes receiving Medicare or Medicaid funding provide certain levels of care and respect residents' rights to dignity, privacy, and freedom from abuse.
• Mandatory Reporting: In New Mexico, healthcare providers, staff members, and even family members are legally required to report any suspected abuse, neglect, or exploitation of nursing home residents.

Residents and their families can file a lawsuit if these laws are violated, seeking compensation for injuries and holding nursing homes accountable.

Who is Liable for Nursing Home Abuse?

Liability for nursing home abuse can extend to various parties or entities involved in the operation and oversight of the nursing home or care facility. The individuals or entities that can be held liable may vary depending on the circumstances of the abuse. 

Here are some potential parties who can be held liable for nursing home abuse:

• Nursing Home Facilities: As an entity, the nursing home can be held liable for abuse that occurs on its premises. This includes the nursing home's management, ownership, and administrative staff. The facility is responsible for ensuring its residents' safety and well-being and complying with federal and state regulations governing nursing home care.
• Staff Members: Individual staff members, including nurses, aides, orderlies, and other caregivers, can be held personally liable if they are found to have engaged in abusive behavior, such as physical abuse, emotional abuse, sexual abuse, or neglect. Liability may be based on their actions, omissions, or failure to meet the standard of care.
• Management and Supervisors: Nursing home administrators and supervisors can be held liable if they were aware of abusive conduct but failed to take appropriate action to prevent or address it. This can include inadequate training, insufficient staffing levels, or a lack of response to reported abuse.
• Third-Party Contractors: If the nursing home contracts with third-party vendors for security, transportation, or medical care, these contractors may also be held liable if their employees are involved in abuse or neglect.
• Medical Professionals: If the nursing home employs medical professionals, such as doctors or nurse practitioners, who are found to be negligent or abusive in their care, they can be held liable.
• Ownership or Corporate Entities: In cases where the nursing home is part of a larger corporate chain, the corporate entity or ownership group may be liable for abuse if they were aware of systemic issues and failed to take corrective action.
• Government Regulatory Agencies: In some cases, government regulatory agencies may be held liable if they were negligent in their oversight and monitoring of nursing homes. Their failure to enforce regulations and standards can contribute to abuse and neglect issues.
• Contractual Obligations: If the nursing home has specific contractual obligations to provide care and fails to meet those obligations, any entities or individuals party to such contracts may be held liable.
• Visitor or Resident Family Members: In rare cases, if a family member or visitor to the nursing home is responsible for abuse, they may be liable for their actions.

The Importance of Holding Nursing Homes Accountable

When nursing homes fail in their duty of care, the consequences can be devastating. Holding these facilities accountable is crucial for seeking justice pre, venting future abuse, and improving the standard of care across the industry.

By taking legal action, you can:

• Protect vulnerable residents from further harm
• Help ensure nursing home staff adhere to state and federal regulations
• Force negligent facilities to improve safety and care measures
• Receive compensation to cover medical bills, pain and suffering, and other losses
• Send a strong message that elder abuse will not be tolerated

Taking legal action isn’t just about financial compensation—it’s about holding the nursing home industry to a higher standard of care.

What to Do If You Suspect Nursing Home Abuse?

You should never assume that your loved one will directly tell you about any abuse they are experiencing. Many nursing home residents are intimidated into silence or feel powerless to speak up about the abuse. Others may have limited mental faculties, which prevents them from efficiently communicating or even recognizing something is wrong. Consequently, you must watch out for the warning signs of abuse or neglect when visiting your loved one.

Keep in mind that a facility employee, another resident, or a visitor could perpetrate abuse. The abuse may be physical, emotional, financial, or sexual.

If you have reason to suspect abuse, you should promptly report your suspicions to the facility’s administration and document as much as possible, including any injuries sustained by your loved one. You may need to remove your loved one from the facility if they are in danger. Then, get in touch with our legal professionals, who can investigate the situation further and determine whether you have a strong Albuquerque nursing home abuse claim. We can also help you formally report suspected abuse to the appropriate authorities and help you access resources that can help your loved one.

What Damages Can I Recover For a Nursing Home Abuse Case?

Nursing homes have a legal obligation to provide a reasonably safe environment and an acceptable level of care to all residents, and they can be held liable for damages that result from abuse or neglect.

Our nursing home abuse lawyers in Albuquerque can fight to get your family just compensation for all losses, including:

• Past, current, and future medical expenses
• Pain and suffering
• Loss of consortium
• Loss of enjoyment of life

The Nursing Home Lawsuit Process

Filing a lawsuit against a nursing home in New Mexico involves several key steps. While every case is unique, the general process is as follows:

1. Investigation: Your attorney will gather crucial evidence, such as medical records and witness accounts, to build a strong case.
2. Filing the Lawsuit: Once enough evidence is compiled, your lawyer will formally file the lawsuit with the court to begin legal proceedings.
3. Discovery: During the discovery phase, both sides will exchange information and evidence, including depositions, interrogatories, and document requests.
4. Negotiations: Many cases are resolved through settlement discussions before trial, avoiding the need for a court decision if a fair offer is reached.
5. Trial: If no agreement is made, the case moves to trial, where a judge or jury will determine the outcome and potential compensation.

An experienced attorney makes this legal process more manageable, ensuring your loved one's rights are safeguarded.

What to Look for in a Nursing Home Abuse Lawyer

Choosing the right attorney to represent you in a nursing home abuse case is crucial to ensuring the best outcome for your family. When selecting a lawyer, consider the following factors:

• Experience with Elder Abuse Cases: You need an attorney who specializes in nursing home abuse and can successfully handle similar cases.
• Knowledge of Local and Federal Laws: A thorough understanding of New Mexico’s nursing home regulations and federal laws is critical to building a solid case.
• Compassion and Communication: Your attorney should empathize with your situation and keep you informed throughout the legal process.
• Access to Resources: Experienced lawyers connect with medical experts and investigators to bolster your case.
• Trial Experience: Even if most cases settle, having a lawyer with trial experience is crucial for courtroom success.

The Harvey & Foote Law Firm meets all of these criteria, making us a trusted choice for nursing home abuse cases in New Mexico.

Why Choose Harvey & Foote for Your Nursing Home Case

The Harvey & Foote Law Firm has built a strong reputation in Albuquerque and throughout New Mexico for advocating on behalf of nursing home abuse victims. Here’s why we’re the right choice for your case:

• Extensive Experience: We have handled thousands of nursing home abuse cases, giving us unique insights into the strategies that work.
• Proven Results: We’ve helped numerous families secure compensation and held negligent facilities accountable for abuse.
• Dedicated Advocacy: We passionately defend the rights of the elderly, ensuring justice for those who can’t speak for themselves.
• Compassionate Approach: We understand how challenging this situation is for families. We offer personalized attention and compassionate guidance through every step of the process.

Let the Harvey & Foote Law Firm team help you get the justice and compensation your family deserves.

Contact Our Albuquerque Nursing Home Abuse Attorney Today

You only have a limited time to take legal action for nursing home abuse. Elderly adults have the right to live in dignity and without fear, and our firm is committed to helping families enforce that right. Let us help you hold responsible parties accountable and get your family the compensation you deserve. 

Contact Harvey & Foote Law Firm today to meet with our nursing home abuse lawyer in Albuquerque!