Santa Fe Nursing Home Abuse Lawyer

Why Choose Harvey, Foote & Baker Law Firm?

• We Know the Other Side. Attorney Dusti Harvey previously led the litigation program for a national nursing home chain. She mediated over 1,500 cases for nursing home operators and knows how they try to hide liability.
• Decades of Focused Experience. Our firm has been solely dedicated to fighting for the rights of injured nursing home residents and their families since 2005.
• We Win Big. Our track record includes multimillion-dollar results and victories that have led to important safety changes in the cultures and policies of some facilities. 
• Trial-Ready Representation. While we resolve many cases through negotiation, we are always ready for court – and known for it.
• Responsive, Client-Centered Service. We understand how hard this is. Our team is compassionate with families and relentless with defendants.

Types of Nursing Home Cases We Handle 

At Harvey, Foote & Baker Law Firm, we handle a broad range of nursing home abuse and neglect cases, including some of the most severe and tragic circumstances families can face:

• Abuse by Staff – We’ve represented clients whose loved ones were physically assaulted or subjected to degrading conditions by caregivers. These cases often involve understaffed or poorly supervised facilities.
• Abuse by Other Residents – Residents with known violent or behavioral issues can pose a risk when facilities ignore protocols like one-on-one supervision. We’ve handled claims where a lack of supervision and other failures led to devastating harm.
• Bedsores and Pressure Sores – These injuries are a telltale sign of neglect and commonly result from a facility’s failure to reposition immobile patients or maintain hygiene.
• Choking Incidents – Many residents are placed on special diets due to swallowing risks. We’ve prevailed in actions against facilities that ignored these orders, leading to preventable deaths.
• Resident Wandering (Elopement) – Especially common in memory care units, elopement can lead to serious injury or death when facilities fail to secure exits or monitor residents appropriately.
• Falls and Fractures – We handle cases involving unsupervised showers, improper transfers, and falls that resulted in fatal or catastrophic injuries.
• Sexual Abuse – These are some of the most sensitive cases we take on, often involving systemic failures to screen or supervise staff and residents.
• Wrongful Death – Many of our cases involve the ultimate betrayal of trust – a preventable death caused by neglect, abuse, or systemic failure.

Our experience in these cases includes numerous six- and seven-figure recoveries, and we understand what it takes to hold facilities accountable. If your loved one suffered harm in a Santa Fe-area facility, we can help you understand whether you have a claim and what options exist to protect your family and your rights.

The Nursing Home Industry Puts Profits First – And Residents Pay the Price

Some nursing homes in Santa Fe and the surrounding region are run by corporate chains that prioritize profits over people. These facilities are often owned or managed by out-of-state investment firms that view residents as revenue – not individuals deserving of care and dignity. 

These operators often slash staff, cut corners on training, and pressure caregivers to prioritize cost savings over proper care. The result? Understaffing, unqualified staff, and a culture that tolerates neglect.

This isn’t just theory – it’s reality. And families are the ones who suffer. At Harvey, Foote & Baker Law Firm, we’ve taken on these companies and held them accountable for:

• Hiring unqualified or abusive staff. Many facilities cut corners on staffing to save money, resulting in undertrained or even dangerous employees providing care.
• Failing to monitor high-risk residents. Residents with dementia, fall risks, or other serious conditions require vigilant supervision. When facilities fail to meet those obligations, residents suffer.
• Ignoring medical red flags. Nursing staff sometimes overlook or dismiss signs of infections, injuries, or medication issues until it’s too late.
• Falsifying care records. Facilities may attempt to cover up wrongdoing by manipulating documentation, such as marking that care was provided when it wasn’t.
• Neglecting basic hygiene. Residents have been left in soiled bedding or unwashed for days due to inadequate staffing and oversight.
• Improper restraint use. Some homes use physical or chemical restraints to control residents instead of providing proper care and supervision.
• Failing to follow dietary orders. We’ve seen cases where residents on modified diets were given inappropriate food, resulting in choking and death.
• Allowing known abusers to remain on staff. Some facilities ignore complaints or prior incidents involving abusive caregivers.
• Failing to secure premises. This includes letting residents with cognitive issues elope or wander into unsafe areas without intervention.

We know the tactics they use to hide misconduct and avoid liability. And we know how to build strong legal cases that shine a light on what really happened – and demand justice.

How Do Nursing Home Abuse Lawsuits Work?

Families often feel overwhelmed and unsure where to start. Here's what to expect:

1. Initial Consultation – We evaluate your concerns, gather initial facts, and advise whether a claim is viable.
2. Investigation – Our team gathers medical records, internal facility documents, witness accounts, and expert evaluations.
3. Filing the Lawsuit – If a resolution can't be reached early, we formally file a complaint in court.
4. Negotiation & Settlement – Many cases resolve through structured settlement discussions. We negotiate from a position of strength.
5. Trial Preparation – While most cases settle, we prepare each case thoroughly. Our reputation in court strengthens our clients’ position.

This process isn’t one-size-fits-all. Some cases resolve quickly. Others take time. But our role is always the same: to advocate relentlessly on your behalf.

What Is the Time Limit to File a Nursing Home Abuse Lawsuit in New Mexico?

In New Mexico, the general statute of limitations for personal injury and wrongful death cases — including nursing home abuse — is three years from the date of injury or death.

However, this deadline can vary:

• If the facility is government-run, a notice of claim may be required within 90 days.
• If the victim is mentally incapacitated or abuse was hidden, special rules may apply.

It’s crucial to act quickly. Waiting too long can result in:

• Loss of surveillance footage or electronic logs
• Faded memories from key witnesses
• Destruction of physical records

The earlier you get legal help, the better your chances of building a strong case.

What Compensation Can Be Recovered in a Nursing Home Abuse Case?

While no amount of money can undo the harm caused, a civil lawsuit can provide compensation for:

• Medical bills related to injuries
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Funeral and burial costs (in wrongful death cases)
• Punitive damages in extreme misconduct cases

We fight to recover the full extent of damages, and we don’t settle for less than what your family deserves.

How a Nursing Home Abuse Lawyer Can Help

You don’t have to do this alone. When you work with Harvey, Foote & Baker Law Firm, we take on the legal burdens so you can focus on your family.

Here’s how we help:

• Investigating the facts. We work with experts, review medical records, and interview witnesses to uncover the truth.
• Preserving evidence. We act quickly to secure surveillance, staffing logs, and other critical documentation.
• Negotiating with defendants. Our team pushes back against delay tactics and lowball offers. We know what these cases are worth.
• Filing lawsuits and going to trial. If the facility or its insurer won’t settle fairly, we’re ready to take the case to court.
• Maximizing compensation. We fight for damages related to pain and suffering, medical expenses, loss of dignity, and wrongful death.

Common Signs of Nursing Home Abuse & Neglect

If you notice any of the following in your loved one’s nursing home, they could be signs of abuse or neglect:

• Unexplained bruises, fractures, or injuries
• Sudden changes in mood or behavior
• Weight loss or signs of malnutrition
• Bedsores, infections, or hygiene issues
• Fearfulness around staff or specific caregivers
• A pattern of falls or hospital visits

Trust your instincts. If something feels wrong, call our office to discuss your concerns. 

We represent clients throughout Santa Fe County and nearby communities. Whether your loved one lives in a facility in Santa Fe proper or a surrounding area like Española, Eldorado, or Pojoaque, we’re here to help. We understand the local providers, the state’s regulatory environment, and how to bring claims that get results.

Call For a Free Consultation: (505) 295-2245

If your loved one was abused or neglected in a Santa Fe nursing home, contact Harvey, Foote & Baker Law Firm today. We offer free, confidential consultations and handle all cases on contingency – meaning you pay nothing unless we win.

Call (505) 295-2245 or contact us online now.