If you have a loved one in a nursing home and they’re experiencing neglect or abuse, it’s important to contact a lawyer whose focus is on nursing home abuse. These attorneys have the experience to investigate claims, hold negligent facilities accountable, and pursue compensation for the harm your loved one has endured. Taking prompt action can protect your family members and help prevent further mistreatment of other vulnerable residents.
Speak to a Nursing Home Abuse Lawyer Before You Do Anything
Speaking to a nursing home abuse lawyer can clarify your rights, evaluate the strength of your case, and determine the best course of action to pursue justice. An experienced attorney can guide you through the complexities of filing a lawsuit, gathering evidence, and navigating the legal process. Additionally, learning more about New Mexico’s laws concerning nursing home abuse can empower you with the knowledge needed to make informed decisions and advocate effectively for your loved one’s rights and well-being.
New Mexico’s Laws for Abuse and Neglect
New Mexico law requires anyone suspecting abuse or neglect to have a “Duty to Report” per the Adult Protective Services Act (27-7-30). If you have reasonable cause to believe an adult who is incapacitated is being exploited, neglected, or abused, you should report your suspicions to Adult Protective Services.
The law in New Mexico defines nursing home abuse as an omission or act that recklessly or intentionally hurts or threatens residents. Examples include:
- Emotional or physical abuse
- The improper use of restraints, medicine, or isolation
- A failure to follow a resident plan of care
- Theft from a resident
The law in New Mexico also requires that nursing homes do the following:
- Provide care based on each resident’s personal care needs
- Ensure residents stay groomed, smell fresh, and remain clean
- Change bed linens and make resident beds at least weekly
The Federal Nursing Home Reform Act and the New Mexico Nursing Home Care Act regulate nursing home activities. Failure to comply with state and federal laws can result in liability.
Filing a Complaint with the Department of Health
If you’re concerned about nursing home abuse, you can file a complaint with the New Mexico Department of Health. If you make a complaint, you need to include any documents or evidence you have to support your claim. This information includes medical records, sudden health changes, and weight loss. The Department of Health will review your complaint and sanction the nursing home if investigators identify abuse.
The Federal Nursing Home Reform Act
The federal Nursing Home Reform Act of 1987 sets the stage for nursing home regulations across the country, requiring facilities to provide services to maintain the highest practicable physical, mental, and psychosocial well-being of each resident. New Mexico has built its laws on these federal protections, with state-specific statutes and regulations that add extra layers of protection for seniors.
New Mexico’s Dept. of Health’s Division of Health Improvement
The New Mexico Department of Health’s Division of Health Improvement regulates nursing homes and conducts regular surveys to ensure facilities meet federal and state standards. Under New Mexico law, nursing homes must have specific staffing ratios, comprehensive care plans for each resident, and abuse prevention protocols in place.
Types of Nursing Home Abuse in New Mexico
New Mexico law recognizes several types of nursing home abuse.
Physical Abuse
Physical abuse is any non-accidental use of force against a resident, including hitting, pushing, using restraints inappropriately, or force-feeding. Signs of physical abuse often include unexplained bruises, broken bones, or repeated injuries.
Emotional Abuse
Emotional abuse, while less visible, is just as serious as physical abuse under state law. This includes verbal harassment, isolation, intimidation, or humiliation of residents. New Mexico courts have consistently held that emotional abuse can cause severe psychological trauma and have awarded large damages in cases where facilities failed to prevent such abuse.
Exploitation Financially
Financial exploitation is another form of abuse recognized by New Mexico statutes. This includes unauthorized use of residents’ funds, theft of personal property, or coercion in changing wills or other financial documents. The state’s Adult Protective Services Act provides specific protections against financial exploitation and criminal penalties for perpetrators.
Sexual Abuse
Sexual abuse, the most egregious form of nursing home abuse, gets special attention under New Mexico’s law. The state has a zero-tolerance policy for any form of sexual abuse in care facilities, with mandatory reporting requirements and criminal penalties for offenders.
Neglect
Neglect, while different from active abuse, is just as serious under state law. This includes failure to provide necessary care, medication errors, inadequate nutrition or hydration, and poor hygiene. New Mexico courts have held that systematic understaffing leading to neglect can be the basis for regulatory penalties and civil lawsuits.
The Role of the Nursing Home Abuse Lawyer
When nursing home abuse is suspected, an experienced lawyer becomes a powerful advocate for the victim and their family. New Mexico nursing home abuse lawyers know state and federal laws and how to deal with the complicated legal system to build a strong case for their clients.
Investigation
One of the main jobs of a nursing home abuse attorney is to investigate suspected abuse. Lawyers can access resources and legal tools that families do not have alone. They can subpoena records, interview staff, consult with medical professionals, and get critical evidence that will be hard to obtain otherwise.
Protecting a Victim’s Rights
Lawyers also handle insurance companies and facility administrators. Many nursing homes are part of large corporate chains with major law departments and insurance companies. An experienced lawyer can level the playing field so victims’ rights are protected and facilities can’t hide behind corporate structures to avoid accountability.
Evidence Gathering
Documentation and evidence gathering are vital to nursing home abuse cases. Lawyers know what evidence will be most persuasive in court. They can help families document injuries, get medical records, and establish patterns of neglect or abuse that may not be apparent to the untrained eye.
The Legal Process in New Mexico Nursing Home Abuse Cases
Investigating the Claim
When pursuing a nursing home abuse case in New Mexico, the legal process starts with an investigation. Lawyers will review facility records, interview witnesses, and consult medical professionals to build the case. This initial phase is critical to determining the extent of abuse and who is liable.
Discovery
The discovery process in nursing home abuse cases can be lengthy and involve depositions of facility staff, expert witness testimony, and a detailed review of facility records. A good lawyer knows how to manage the process and protect their client’s interests, focusing on the most important evidence.
Seeking Compensation
New Mexico law allows victims to seek various remedies, including compensatory damages for medical expenses, pain and suffering, and emotional distress. In cases of extreme misconduct, punitive damages may also be available.
The state allows nursing home abuse cases to be filed within three years from the date of discovery. However, certain circumstances may extend or shorten that time frame.
Valuing and Negotiating a Claim for a Settlement
Many New Mexico nursing home abuse cases are resolved out of court. Experienced lawyers know how to value cases and negotiate with facility representatives and insurance companies. If parties can’t reach a fair settlement, New Mexico lawyers take cases to trial, presenting evidence and arguments to a judge or jury.
Prevention and Compliance
Nursing home abuse lawyers often advise families on how to recognize signs of abuse and know their rights before a problem develops.
Lawyers can also help families understand the importance of documentation and regularly monitoring their loved one’s care. This includes knowing what to ask facility staff, what rights residents have under state law, and what red flags may indicate possible issues.
Compensation and Damages in Nursing Home Abuse Cases
New Mexico law allows various compensation types in nursing home abuse cases. Families may also seek restitution for financial exploitation or other forms of abuse that have impacted their loved ones.
Economic Damages
Economic damages include tangible losses such as medical expenses, including immediate treatment and long-term care needs resulting from the abuse. These damages may also include the cost of moving to another facility or providing additional care services.
Non-Economic Damages
Non-economic damages cover more subjective and intangible losses such as pain and suffering, emotional distress, and the loss of enjoyment of life. New Mexico courts have recognized that elder abuse victims often suffer deep psychological trauma, and compensation should reflect the full extent of that harm.
Wrongful Death
In cases of death from nursing home abuse or neglect, New Mexico’s wrongful death statute allows surviving family members to seek compensation. These cases involve additional considerations about the value of the loss and how to distribute any recovery among the family.
The Role of Expert Witnesses
Nursing home abuse cases frequently require expert witnesses to explain technical aspects of care and standards and medical issues to judges and juries. Nursing home abuse attorneys have networks of qualified professionals who can testify about industry standards, medical conditions, and the effects of abuse or neglect over time.
The testimony of a medical professional can establish the connection between a facility’s conduct and resident injury. Therefore, nursing professionals can testify about the standard of care and how a facility failed to meet it.
Financial professionals may play a key role in some cases of financial exploitation, and mental health professionals may testify about the psychological impact of abuse.
Regulatory Compliance and Reporting Requirements
New Mexico law requires strict reporting of suspected nursing home abuse. Lawyers can help families understand the requirements and file proper reports with the appropriate authorities. This includes reporting to the Department of Health, Adult Protective Services, and law enforcement if criminal conduct is suspected.
Knowing the relationship between regulatory compliance and civil liability is also important. While violations of state regulations don’t automatically mean liability in a civil case, they can be important evidence of negligence or criminal misconduct. Experienced lawyers know how to use regulatory violations to build a case against a negligent facility.
Working with Families and Victims
Nursing home abuse lawyers frequently work closely with families who are dealing with emotional trauma, guilt, and anger over the mistreatment of their loved ones. Good lawyers provide legal representation along with guidance and support throughout the process.
Lawyers can help families determine their options for immediate intervention. This includes seeking emergency court orders to protect residents or facilitate transfers to other facilities. They can also work with social services and healthcare providers to ensure residents get the care they need while the legal process is pending.
The Impact of COVID-19 on Nursing Home Abuse Cases
The COVID-19 pandemic has changed how nursing homes operate and exposed problems in many facilities. New Mexico attorneys have adapted to handling cases of COVID-related neglect and abuse. This includes resolving situations where facilities didn’t implement proper infection control measures or had inadequate staffing during the crisis.
Technology and Evidence in Modern Abuse Cases
Modern nursing home abuse cases frequently involve digital or AI evidence, including electronic medical records, surveillance footage, and communications records. Good lawyers know how to obtain and use this digital evidence and work with technical specialists, when needed, to preserve and analyze the data.
Some families now use personal monitoring devices or cameras to monitor their loved one’s care. This raises new legal questions about privacy and the admissibility of evidence. New Mexico lawyers must assess these technology issues while ensuring all evidence collection methods follow state law.
Speak to a Nursing Home Abuse Lawyer If Your Loved One is Facing Unfair Treatment or Abuse
A commitment to care for nursing home residents is about basic human dignity and respect for our seniors. Nursing home abuse lawyers uphold those values through good legal advocacy and hold facilities accountable.
If you’re facing problems with neglect and abuse of a loved one, you need legal services immediately. Contact a nursing home abuse lawyer as soon as possible. Don’t waste time filing a claim. Speak to a nursing home abuse attorney now.