When a loved one is placed in a nursing home or long-term care facility, we trust they will receive the care they deserve. This trust is shattered when neglect or abuse occurs, causing a resident to suffer injuries, illness, or worse. Victims and their families often wonder what legal remedies are available when abuse occurs.
Holding a facility and its staff accountable is crucial for justice and helping your loved one and family rebuild. New Mexico law provides avenues for victims to seek financial recovery for their endured harm. These funds are not just about a dollar amount; they are meant to help cover losses and restore security. An experienced nursing home abuse lawyer in Los Lunas, New Mexico can guide you through this process and fight to protect your loved one’s rights.
Schedule A Free Case Consultation
The Foundations of a Nursing Home Abuse Claim
It must be established that the nursing home or its employees were negligent. Negligence is a legal term that means someone failed to act with the reasonable care that a responsible person would have used in a similar situation. In New Mexico, this means showing that the facility or its staff breached a duty of care owed to your loved one. This breach could be a failure to prevent falls, providing inadequate nutrition, or not monitoring a resident's health properly, leading to conditions like bedsores or infections.
For example, if a resident in a Los Lunas facility falls and breaks a hip because the staff did not use a prescribed fall-prevention device, that could be a case of negligence. An Albuquerque resident suffering from severe dehydration might indicate that the staff neglected their duty to provide proper fluid intake. These are not just unfortunate accidents; they may result from carelessness or a lack of proper protocol.
Understanding Compensatory Damages in New Mexico
The primary type of financial recovery available in a nursing home abuse claim is compensatory damages, which are intended to compensate the victim for their losses. In New Mexico, compensatory damages are typically divided into two main categories: economic and non-economic.
Economic Damages: Covering Your Tangible Losses
Economic damages are the measurable, out-of-pocket costs directly caused by the abuse or neglect. These are easier to calculate because they have a specific monetary value. Common examples include:
- Medical Expenses: This category includes ambulance rides, hospital stays, doctor visits, prescription medications, physical therapy, and any other medical treatment needed to address the injuries. This includes both past expenses and estimated future medical costs.
- Cost of Relocation: If you need to move your loved one to a different, safer facility, the expenses associated with that move can be recovered.
- Other Financial Losses: This could include the cost of special equipment, home care, or other services needed because of the injuries.
Non-Economic Damages: Addressing the Intangible Harm
Non-economic damages provide compensation for the emotional and psychological toll of the abuse. These are not tied to a specific bill but represent a person's significant suffering. They are often referred to as pain and suffering. Under New Mexico law, this can include:
- Physical pain: The pain and discomfort your loved one experienced from their injuries.
- Emotional distress: The mental anguish, anxiety, fear, and depression that can result from abuse.
- Loss of enjoyment of life: The inability to participate in hobbies, activities, or social interactions they once enjoyed.
Proving these damages requires comprehensive and detailed documentation.
Punitive Damages: Punishing the Wrongdoer
In some cases, New Mexico law allows for the recovery of a different type of compensation: punitive damages. Unlike compensatory damages for the victim's losses, punitive damages are intended to punish the nursing home for particularly outrageous, malicious, or reckless conduct. They also serve as a deterrent, sending a message to the facility and others that such behavior will not be tolerated.
To be awarded punitive damages in a New Mexico case, one must show that the nursing home's conduct was more than simple negligence. For example, the abuse might involve intentional harm, reckless disregard for the resident's safety, or a pattern of neglect that the facility knew about but did nothing to correct. In some instances, punitive damages can be a critical part of a case when the facility's conduct was especially egregious, though they are not always awarded.
Wrongful Death Claims in New Mexico
When a loved one's death is caused by nursing home abuse or neglect, New Mexico's Wrongful Death Act allows the family to seek compensation. A wrongful death lawsuit is filed by a court-appointed personal representative on behalf of the deceased's heirs. In New Mexico, the compensation for a wrongful death claim can include:
- Medical and funeral expenses: The final illness and burial costs.
- Pain and suffering: Compensation for the pain and suffering your loved one endured before their death.
- Loss of companionship and society: This covers the loss of the love, care, comfort, and guidance your family has suffered because of the death.
A Compassionate Approach to Your Legal Journey
Gauthier & Maier Law Firm, P.C. knows how difficult it is to consider legal action when your loved one has been a victim of nursing home abuse. As a team of former insurance defense lawyers, we understand how these cases are built and what is required to recover compensation for our clients. We use that experience and knowledge to guide you with care and compassion.
The first step is to talk about what happened. We are here to listen and provide a clear, helpful explanation of your options under New Mexico law. If you suspect your loved one has been a victim of nursing home abuse, our experienced personal injury lawyer in Los Lunas, New Mexico is here to help. You can call us today at 505-226-3205 to schedule a free consultation.