We have repeatedly gone up against many New Mexico nursing homes and are familiar with how to combat the strategies they use to try and escape accountability.
Albuquerque Nursing Home Physical Abuse Attorneys
Representing Victims of Nursing Home Physical Abuse in New Mexico
Elderly adults living in nursing homes are uniquely vulnerable to the dangers of physical abuse. Many do not have the means to defend or even advocate for themselves when an abusive staff member or another resident attempts to inflict harm. Victims and their families have the right to seek compensation when nursing homes fail to prevent and address any level of physical abuse that occurs in their facilities.
At the Harvey & Foote Law Firm, we make it our mission to be the difference in people’s lives when they find themselves in these tragic situations. Our experienced Albuquerque nursing home physical abuse lawyers have handled thousands of cases and understand how to successfully advocate for victims and their families. Our team is compassionate about what you are going through and is confident we can get you the justice you deserve.
If you suspect your loved one is being physically abused, schedule a free initial consultation by calling (505) 295-2245 or contacting us online. Se habla español.
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Types of Physical Abuse That Can Occur in New Mexico Nursing Homes
Physical abuse in a nursing home may be perpetrated by facility staff members or other residents. In some cases, the abuse may be intentional, while in others, it may be an unintended consequence of other factors. Either way, the consequences can include bruises, burns, sprains, scarring, broken bones, and even death.
There are three major types of physical abuse a resident may experience in a nursing home:
- Active abuse. “Active abuse” is perhaps the most straightforward category: It is what you probably picture when you think about “physical abuse.” Active abuse is any deliberate action that is meant to inflict pain. Examples include punching, kicking, shoving, and squeezing.
- Abuse of restraints. Restraints are sometimes needed to keep a resident still for medical reasons. They should only ever be used for brief periods where they are absolutely necessary. The use of restraints can become abusive if they are employed punitively or as an instrument of convenience.
- Physical neglect. Nursing homes must provide their residents with sufficient food, clothing, and care, which includes a safe, clean living environment. Neglect can lead to residents not receiving the things they need to stay healthy, which is considered a form of abuse.
Common Causes of Physical Abuse in New Mexico Nursing Homes
Sometimes, physical abuse is the result of malice. A facility staff member or another resident may simply wish to cause harm and target a vulnerable person.
Not all physical abuse in nursing homes is premeditated. Overworked staff members may become frustrated and resentful, leading to situations where they cause physical harm out of anger. Furthermore, if a facility is critically understaffed, physical neglect may be inevitable.
No matter the explanation, physical abuse, including neglect, is never justifiable. Our Albuquerque nursing home physical abuse attorneys can evaluate your loved one’s circumstances and review your legal options.
Signs of Physical Abuse in a New Mexico Nursing Home
Your loved one may not be able or willing to tell you about any physical abuse you have endured. You must be vigilant about looking for signals that could indicate your loved one has been harmed or continues to be in danger.
Warning signs of nursing home physical abuse include:
- Unexplained bruises, sprains, scarring, burns, broken bones, or any other physical injuries
- Poor hygiene
- A member of the facility’s staff who refuses to let you be alone with your loved one
Who Is Responsible for Physical Abuse in New Mexico Nursing Homes?
Nursing home staff members, medical professionals, visitors, and other parties are generally liable for any physical abuse they perpetrate. Additionally, however, nursing homes must provide a safe, healthy environment and quality care to their residents. This includes implementing reasonable efforts to proactively prevent and stop any type of abuse. Therefore, facilities can also become liable for physical abuse perpetrated by staff or other residents if they fail to facilitate a safe environment or sufficiently address reports of misconduct. Understaffing a facility, overworking employees, undertraining staff, and ignoring reports of mistreatment are all actions that can potentially make a nursing home liable for physical abuse.
How the Harvey & Foote Law Firm Can Help
If there is evidence your loved one has been physically abused or neglected in a nursing home, but you are not sure what to do next, our team can provide tailored guidance and legal support. Our first priority is getting your loved one to safety. Then, we will help you report the abuse to the appropriate authorities, gather documentation, and get to work on your case against the negligent nursing home. Your loved one and your family may be entitled to compensation for damages, and we will always attempt to maximize what you recover.
Our Albuquerque nursing home physical abuse lawyers will work to hold the negligent facility accountable and get you compensation for:
- Past, current, and future medical bills
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
We look forward to helping your family get justice. Discuss your loved one’s case with our legal professionals by calling (505) 295-2245or contacting us online.
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