New Mexico Nursing Home Abuse Lawyer

Elderly in New Mexico Nursing Home

It is heartbreaking to think that nursing home workers and administrators could abuse or neglect an elderly person. Unfortunately, the state of nursing homes across the country is such that abuse is actually commonplace. Some nursing homes have turned into facilities geared toward profit-making rather than being focused on providing genuine care and medical attention to elderly people. When an elderly person does not receive the care that he or she needs, it is possible for that person to develop bed sores or even die as a result of a lack of proper care.

Family members must be aware of the statistics that show the widespread nature of deficiencies in nursing homes throughout New Mexico. According to a study by the University of California-San Francisco, over 46 percent of nursing homes were caught dispensing unnecessary drugs to patients in 2008. Also disheartening is the fact that 17 percent of nursing homes were also discovered to have patients who developed bed sores in that year. Until nursing home administrators decide to improve the standards of their facilities, nursing home lawyers will be charged with the task of holding these individuals accountable for such deficient care. Family members of loved ones subjected to these horrific conditions can get in touch with a nursing home lawyer in New Mexico to learn about the rights of their loved ones.

Nursing Home Abuse Laws in New Mexico

In New Mexico, the Adult Protective Services Act is the main source of protection for nursing home residents. This law maintains a system of protective services for vulnerable adults who are unable to protect themselves due to abuse, neglect and exploitation. “Abuse” has been defined under the law as any instance where a person knowingly, intentionally or negligently and without justifiable cause inflicts physical pain, injury or mental anguish on an individual. It may also be defined as the intentional deprivation of necessary services that maintain the mental and physical care of a vulnerable adult. Under this law, abuse also includes instances of sexual abuse. Furthermore, a “caretaker” is defined as any facility or provider that has assumed the responsibility of caring for an adult.

The Adult Protective Services Act also maintains a procedure for handling reports of abuse and neglect. The reporting agency must conduct an investigation of the abuse report. The reporting agency must also continue to monitor the nursing home facility to determine whether it is disqualified from accepting state or federal grants.

A reporting department may then file a petition with the court, and this petition empowers the court to take further measures in handling an allegation of abuse. A court will have the power to enter an order that provides involuntary protective placement of an adult if he or she is incapacitated, an emergency exists or the adult lacks an ability to consent to alternative placement.

Asserting Your Loved One’s Legal Rights

Family members may find that nursing home administrators attempt to diffuse the serious nature of a report of abuse or neglect. Family members should not allow these administrators to diffuse the serious nature of what is a legal claim against the administration. Under the law, residents have been prescribed certain rights and must have these rights fully recognized by nursing home administrators. These rights include the right to be treated with adequate medical care, right to be treated with dignity, right to be free from neglect and abuse and the right to be free from physical and chemical restraints.

When administrators attempt to take control of a situation that involves abuse or neglect, it is likely that your issues will never be resolved. Instead, you should entrust your situation with a nursing home lawyer who has advocated for the best interests of elderly residents in the past.

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Get Assistance for Your Legal Claim Today with New Mexico Lawyers

You can get immediate assistance for the abuse or neglect of your loved one by calling our nursing home lawyers today. A nursing home lawyer in New Mexico has experience in handling reports of neglect and abuse. They know how to initiate an investigation and file a claim for the compensation that you seek.  Our lawyers are ready to assist families throughout New Mexico in areas such as:

Call our lawyers today to receive the help you need for protecting a loved one.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 3 years with Discovery Rule
  • Medical malpractice – 3 years with Discovery Rule. If plaintiff is under age six at time of act, plaintiff has until ninth birthday to bring action.

DAMAGES CAP

  • In medical malpractice actions, damages are limited to $600,000, excluding punitive damages and past and future medical care. A health care provider’s personal liability is limited to $200,000 for monetary damages and medical care and related benefits; any amount due from a judgment or settlement in excess of $200,000 shall be paid from the patient’s compensation fund.

Wrongful Death

STATUTE OF LIMITATIONS

  • 3 years from date of death with Discovery Rule.

DAMAGES CAP

  • In medical malpractice actions, damages are limited to $600,000, excluding punitive damages and past and future medical care. A health care provider’s personal liability is limited to $200,000 for monetary damages and medical care and related benefits; any amount due from a judgment or settlement in excess of $200,000 shall be paid from the patient’s compensation fund. 

State Resources

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