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New Mexico Nursing Home Abuse Lawyers Ready to Fight For You

New Mexico Nursing Home Abuse Lawyers Ready to Fight For You

The decision to send your elderly relative to a nursing home is often difficult. You have to put your trust in that nursing home to take care of your loved one and give them the best care possible. However, if the staff members at nursing homes neglect or physically or emotionally abuse patients, it can hurt entire families. Sometimes, this abuse can be so extreme that it can cause devastating injuries or even death. If you or a loved one has been a victim of nursing home abuse in New Mexico, call Ron Bell Injury Lawyers to see if you’re entitled to compensation.

The decision to send your elderly relative to a nursing home is often difficult. You have to put your trust in that nursing home to take care of your loved one and give them the best care possible. However, if the staff members at nursing homes neglect or physically or emotionally abuse patients, it can hurt entire families. Sometimes, this abuse can be so extreme that it can cause devastating injuries or even death. If you or a loved one has been a victim of nursing home abuse in New Mexico, call Ron Bell Injury Lawyers to see if you’re entitled to compensation.

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What Do Nursing Home Abuse Lawyers in New Mexico Do?

What Do Nursing Home Abuse Lawyers in New Mexico Do?

Discovering your loved one has become a victim of nursing home abuse can be devastating, and finding justice can be a complicated process. Nursing home abuse attorneys in New Mexico fight for victims’ rights to ensure that they get the maximum compensation for the injuries caused by nursing home neglect or abuse.

What can Ron Bell Injury Lawyers do for victims of nursing home abuse in New Mexico?

  • File claims on your behalf
  • Help you and your loved ones understand your rights
  • Collect evidence and medical documents
  • Conduct investigations

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Frequently Asked Questions About Nursing Home Abuse Cases in New Mexico

A  2018 ProPublica analysis ranks New Mexico’s nursing homes as the worst in the nation. While there are a few truly excellent long-term care facilities in and around Albuquerque, New Mexico’s nursing homes overall do not fare well under scrutiny.

According to the analysis, inspectors found “serious deficiencies” in 36 of the 74 Medicare and Medicaid facilities they inspected between January 2015 and April 2018. The Centers for Medicare and Medicaid Services also reported more than 2,200 infractions in these healthcare facilities. A violation can range from a relatively minor incident to a confirmed case of physical abuse at the hands of staff members or other residents.

If you believe abuse is occurring and you have not already filed a complaint, you can:

  1. Report the Abuse to the Department of Health: You can report potential nursing home abuse by calling the New Mexico Health Facility Complaints Hotline at 1-800-752-8649. Alternatively, you can fill out and download this complaint form and email or mail it. The email address is [email protected]. The physical address is Harold Runnels Building, 1190 S. St. Francis Drive, Santa Fe, NM 87505
  2. Report the Abuse to the Aging and Long-Term Services Department: If you suspect a resident is being abused, neglected, or exploited, call Adult Protective Services Statewide Intake, toll-free at 1-866-654-3219.
  3. Address Immediate Concerns with Police: If you believe a long-term care facility resident is in immediate danger and the nursing home administration fails to act, do not hesitate to call Albuquerque police at 505-242-COPS (or 911 in an emergency). The police can ensure the resident gets prompt medical care, as well as file a complaint and possibly arrest the abuser.

Contact Ron Bell Injury Lawyers to Learn More About Your Next Steps: If the abuse victim is your family member or loved one, call as soon as possible at 505-898-BELL. We may be able to help you collect evidence to prove the abuse occurred and to hold the nursing home liable for your loved one’s damages.

If you’ve noticed that a loved one is suffering due to negligence or abuse in a nursing home, a nursing home abuse attorney can help you understand your rights and whether or not you deserve compensation for the injuries or death that occurred.

While we cannot tell you how much your family member’s nursing home abuse case might be worth, we offer free consultations and will conduct a full investigation to get a better understanding of your unique situation. However, the maximum compensation value of the case and any subsequent punitive damages awarded will depend on:

  • The type of abuse he or she suffered
  • The treatment he or she required
  • The evidence we have against the liable parties
  • The severity of his or her pain and suffering damages

We can, however, help you understand the types of damages we may be able to recover if we can negotiate a settlement or win an award for your family member in court.

Common damages our clients collect in Albuquerque nursing home abuse cases include:

  • Medical care and related expenses when physical injuries occur
  • The cost of therapy and counseling
  • Repayment of any stolen money or other assets
  • Damages for physical pain and emotional suffering
  • Mental anguish
  • Other emotional losses

Elder abuse is not always as apparent as you might expect. Physical violence, such as hitting and pushing may leave bruises and cuts, but other types of abuse are often much more subtle. Unfortunately, all types of abuse can cause lasting emotional scars. Here are the five types of nursing home abuse New Mexico recognizes:

Physical Abuse

Signs of physical abuse in a nursing home can vary in severity and may manifest differently in each case. It’s essential to be vigilant and watch for the following signs:

  • Frequent unexplained injuries, such as bruises, cuts, burns, or fractures, can be a red flag. These injuries may have inconsistent or vague explanations.
  • Fractures or broken bones, especially if they occur repeatedly.
  • Look for signs of excessive restraint use, such as marks on the wrists or ankles. Physical restraints should only be used when medically necessary and with proper documentation.

Neglect

Neglect is not usually intentional, and many people do not recognize the signs as abuse. However, it can be the deadliest type of abuse for seniors who depend on their caregivers for help with almost everything. Neglect often leaves nursing home residents unfed, unbathed, and unmedicated. They may develop bed sores and infections or suffer other complications because of the lack of routine care for chronic medical conditions.

Neglect usually occurs when the nursing home administration fails to adequately staff the facility based on the number and needs of their residents. Neglect may occur because of:

  • Understaffing
  • Overcrowding
  • Budget concerns leading to untrained staff handling nursing care
  • Chronic issues with staff retention
  • Lack of supervision for staff

Emotional Abuse

When looking for signs of abuse and neglect, many people may not consider emotional abuse since it does not cause any physical harm to the resident. However, it causes mental anguish, suffering, and emotional harm. Emotional abusers may also engage in physical, sexual, or financial abuse. Emotional abuse often includes:

  • Threats and harassment
  • Intimidation
  • Humiliation and embarrassment
  • Isolation

Sexual Abuse

Sexual abuse covers a vast array of actions. This may include:

  • Inappropriate comments
  • Unnecessary nudity
  • Unwanted touching or fondling
  • Unwanted sexual activity
  • Rape

Financial Abuse

Financial exploitation commonly includes:

  • Stealing cash from the senior’s room
  • Stealing valuables to pawn, sell, or keep
  • Using the senior’s credit card or checks to buy things for themselves
  • The nursing home or caregiver billing for services the senior does not receive
  • Forcing, coercing, or tricking the senior to change his or her will

Once you help move your family member into a nursing home, keep an eye out for signs of nursing home abuse and document anything that may point to a failure of duty of care. This can play a crucial role in proving your case later.

While it is true that falls are common among nursing home residents, and many may suffer minor bumps and bruises regularly, watching for a pattern of abuse is essential to ensuring your loved one’s health and safety. This may include:

  • Unexplained injuries such as bruises, cuts, and burns
  • Broken bones with no known cause
  • An unexplained change in alertness, usually becoming less alert
  • Sudden changes in behavior, such as withdrawal, depression, anxiety, or agitation
  • A sudden personality change unrelated to a medical condition
  • Bruises or other signs of sexual abuse around the breasts and genitals
  • Fear or reluctance to be alone with certain staff or person
    • Inconsistent explanations by staff members for injuries or changes in a resident’s condition
    • Weight loss or malnutrition
    • Dehydration
    • Chronic and untreated bedsores
    • Soiled clothes or sheets and other hygiene issues
    • Delayed medical care
    • Medication errors, including skipped medication or providing too much medication
    • Missing cash or valuable assets
    • Unauthorized use of checks, bank cards, or credit cards
    • A sudden change to a will or other estate planning documentCaregiver refusal to leave during family visits

If you notice one or more of these signs of neglect or abuse, we encourage you to document them and then bring them to the attention of the nursing home administration. If they cannot give you a satisfactory answer, call 911 to get your loved one out of immediate danger or file a complaint in a non-emergency situation.

Elder abuse can be prosecuted in New Mexico through the criminal justice system or civil courts. The following are the distinctions between criminal and civil charges in a nursing facility abuse case.

  • Depending on the victim’s age and the intensity of the abuse, elder abuse can result in a variety of penalties. Fines and imprisonment may be imposed.
  • Anyone who inadvertently or intentionally causes harm or death to a dependent adult, or the elderly is subject to penalties and imprisonment.
  • If you are caring for an elderly person and you choose to abuse or disregard their needs, you may be breaking federal and state laws. You may face criminal and civil penalties.

The distinction between a civil and a criminal matter is self-evident. An attorney with experience in nursing home abuse handles civil matters. Typically, the family employs an attorney and files a lawsuit against the nursing home. Abuse that is more violent is dealt with in criminal courts.

Nursing home abuse is illegal in the state of New Mexico, according to Title 7, Chapter 9 of the New Mexico Administrative Code. The agency responsible for this specific NMAC enforcement is the NM Department of Health. Civil and criminal laws protect those who are most vulnerable. These rules prohibit not just physical or mental abuse but also neglect or lack of care for the elderly. Abuse can be classified as psychological, physical, financial, neglect, isolation, abandonment, or sexual assault. All adults are protected by the law.

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Serving New Mexico For Over 40 Years

Ron Bell Injury Lawyers

7309 Indian School Rd NE
Albuquerque, NM 87110

You can find Ron Bell personal injury attorneys throughout New Mexico.

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