Our law firm has handled thousands of New Mexico nursing home abuse claims and is ready to help your family. We offer free consultations.
What is Nursing Home Abuse?
Nursing home abuse refers to any intentional act or failure to act that causes harm, injury, or serious risk to an elderly resident in a long-term care facility. This abuse can be physical, emotional, sexual, or financial in nature. It can also take the form of neglect, where caregivers fail to provide the necessary standard of care.
Abuse may be committed by nursing home staff, management, or even other residents. Because many elderly individuals are frail, cognitively impaired, or unable to effectively communicate, they are particularly vulnerable to mistreatment.
In the state of New Mexico, nursing homes are legally required to maintain a safe and supportive environment. When they fail to meet these standards, legal claims can be brought against them for negligence, abuse, or wrongful death.
Common Types of Nursing Home Abuse
Recognizing the different forms of abuse is critical in protecting your loved one. The most common types of nursing home abuse include:
- Physical Abuse: This includes hitting, slapping, pushing, burning, or using excessive restraints. Warning signs may include unexplained bruises, broken bones, cuts, or recurring injuries.
- Emotional or Psychological Abuse: Emotional abuse involves verbal threats, intimidation, humiliation, or isolation. Victims may become withdrawn, fearful, depressed, or anxious.
- Sexual Abuse: Any non-consensual sexual contact or behavior toward a nursing home resident is considered sexual abuse. Signs may include unexplained infections, bruising in sensitive areas, or changes in behavior.
- Neglect: Neglect occurs when caregivers fail to meet the basic needs of a resident, such as food, water, hygiene, medical care, or protection from harm. Signs include bedsores, malnutrition, dehydration, poor hygiene, or untreated medical issues.
- Financial Exploitation: This happens when someone takes advantage of a resident for financial gain. It may involve theft, coercion, forged signatures, or unauthorized use of bank accounts and credit cards.
Common Causes of Nursing Home Abuse
Understanding the root causes of nursing home abuse can help prevent it and support your legal case. Common contributing factors include:
- Understaffing: Overworked and undertrained staff may struggle to meet residents' needs, leading to neglect or frustration-based abuse.
- Poor Training: Inadequate training on proper caregiving, elder rights, and emergency protocols increases the risk of harm.
- Lack of Supervision: Poor management or oversight can allow abuse to go unchecked.
- High Turnover Rates: Frequent changes in staffing can lead to inconsistent care and a lack of accountability.
- Profit-Driven Operations: Some for-profit nursing homes cut corners to increase profits, often at the expense of resident well-being.
At Harvey, Foote & Baker Law Firm, our team investigates these issues thoroughly to determine liability and pursue justice for victims.
FAQs About Nursing Home Abuse in Roswell, NM
What should I do if I suspect nursing home abuse?
If you suspect abuse, take immediate action. Remove your loved one from danger, report the abuse to the New Mexico Department of Health or Adult Protective Services, and consult with a Roswell nursing home abuse lawyer.
How can I prove nursing home abuse occurred?
Evidence may include medical records, photos of injuries, eyewitness testimony, surveillance footage, and expert opinions. Our legal team will gather and analyze all relevant information to build a strong case.
Who can be held liable for nursing home abuse?
Liability may rest with individual caregivers, nursing home management, or the corporate entity that owns the facility. In some cases, third-party contractors or other residents may also be responsible.
What compensation can victims receive?
Victims may be entitled to compensation for medical expenses, pain and suffering, emotional distress, relocation costs, and in some cases, punitive damages. If abuse results in death, surviving family members may file a wrongful death claim.
Is there a time limit to file a claim?
Yes. In New Mexico, the statute of limitations for nursing home abuse claims is typically three years from the date the abuse occurred or was discovered. However, time limits can vary depending on the specifics of the case, so it’s essential to consult with an attorney promptly.
How a Roswell Nursing Home Abuse Attorney Can Help
When you work with Harvey, Foote & Baker Law Firm, you gain access to a compassionate and knowledgeable legal team with experience in elder abuse litigation. We will:
- Listen to your concerns and guide you through your legal options
- Conduct a thorough investigation into the nursing home’s practices
- Collect evidence and consult with medical experts
- Handle all communications with the facility and insurance companies
- Fight for maximum compensation through negotiation or litigation
We understand how devastating it is to learn that a loved one has been mistreated. Our mission is to help you seek justice while holding negligent parties accountable for their actions.
Call (505) 295-2245 or contact us online today to schedule a free and confidential consultation with an experienced Roswell nursing home abuse lawyer.
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.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
-
There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
-
Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
-
The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
-
Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
-
“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.
-
“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
-
“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
-
“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.
