Our experienced attorneys at the Harvey & Foote Law Firm are sensitive to the unimaginably difficult time your family is going through and are here to provide the support and advocacy you need to get justice.
Cardiopulmonary resuscitation (CPR) is an emergency technique that can resuscitate someone when they stop breathing or their heart stops beating. CPR routinely saves lives when it is administered immediately after someone enters cardiac arrest.
Nursing homes in New Mexico can be held legally accountable for a failure to perform CPR. If your loved one passed away after no effort was made to resuscitate them, you may have a case for negligence against the nursing home. We have repeatedly taken on some of the worst offenders in the state and are prepared to put our hometown advantage to work for you.
You Deserve Justice
Work With Our Dedicated New Mexico Team
What Types of Emergency Response Services Should Your Loved One Expect in a Nursing Home?
Nursing homes owe a duty of care to residents, meaning they must make every reasonable effort to ensure their well-being. That includes protecting their health and safety in emergency scenarios.
When your loved one experiences cardiac arrest, their nursing home’s staff must attempt to provide basic life support, including CPR, until emergency services arrive. Staff certified in CPR must be available at all times. Only certifications that include hands-on practice are acceptable: Online-only certification is insufficient.
The only situation in which nursing home employees should not administer CPR is when a resident’s advance directives include a “Do Not Resuscitate” order. If there is no such advance directive, there is a presumption that CPR should be administered. No nursing home can institute a blanket “no CPR unless it is specifically requested in an advance directive” rule.
If the Nursing Home Failed to Administer CPR, Is That Abuse or Neglect?
Failure to administer CPR in a nursing home when a resident is in cardiac arrest will often constitute neglect if there is no “Do Not Resuscitate” advance directive. CPR may not happen because a CPR-certified employee is not available, an employee is unsure whether they should administer CPR, or an employee incorrectly assumes the resident is already deceased. In some tragic cases, an employee may refuse to administer CPR if they believe they are not allowed to per their employer’s (almost certainly unlawful) policy. A resident’s pleas for help could also go ignored shortly before they enter cardiac arrest if a facility is critically understaffed or if an employee assigned to them is neglecting them.
Your loved one’s nursing home may tell you nothing could have been done. Never assume they are speaking truthfully, as these facilities will frequently look to protect themselves after a failure-to-perform-CPR incident. If you suspect neglect, contact the Harvey & Foote Law Firm. Our lawyers can help you investigate what happened and advise whether you have a case.
What Damages Can I Recover in a New Mexico Nursing Home Abuse Lawsuit?
You may be able to file a lawsuit against and seek damages from a neglectful nursing home if they failed to adequately train their employees or ensure a CPR-certified employee was always available. You may also have a claim if the nursing home implemented a no-CPR policy or if there is evidence that they overworked employees to the point where mistakes were inevitable.
No amount of money can replace the untimely loss of a loved one, but taking legal action empowers you to hold responsible parties accountable. The compensation your family receives can help relieve the financial burdens that inevitably come with these types of tragedies. You will typically be able to secure compensation for both economic and non-economic losses.
If your loved one suffered a wrongful death due to a failure to perform CPR in a nursing home, our attorneys will aggressively fight to get you full and fair compensation for all damages, including:
- Funeral and burial expenses
- Final medical expenses
- Emotional distress
- Loss of companionship
- Pain and suffering endured by the deceased
“The team at Harvey and Foote are wonderful and compassionate people. They have worked so hard to help us after losing our father due to neglect of care. They continue to fight for our family we appreciate them so much.”Michael C.
“Harvey & Foote Law Firm is the team you want looking out for your best interest. You can rest knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.”Norberto G.
I appreciate everyone's hard work and dedication.
“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.