New Mexico Nursing Home Abuse & Neglect Lawyer

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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.

According to the information gathered by Medicare, federal investigators found that twenty-seven (36%) of the 74 nursing facilities in New Mexico had serious violations and deficiencies. These New Mexico nursing homes are now ranked below the national average because these homes provide their residents substandard care. If your loved one was injured, abused, neglected, mistreated or died unexpectedly by residing in a New Mexico nursing home, we encourage you to contact the New Mexico nursing home abuse attorneys at Nursing Home Law Center to discuss your compensation claim during a free case review.

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.

New Mexico Nursing Home Abuse LawyerThe 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.

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.

New Mexico Nursing Home Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers

New Mexico nursing homes have an extensive history of serious issues involving patients with bedsores. In recent years, the numbers of individuals requiring a nursing home bed has increased dramatically, exacerbating the bedsore problem. With a higher demand for beds, many nursing facilities have struggled to find quality medical professionals to provide quality care to the home’s patient. As a result, many patients have become victims of nursing home neglect and abuse.

Bedsores (decubitus ulcers; pressure ulcers; pressure sores) are a serious health issue that requires constant skin monitoring to prevent. Usually, a bedsore starts to develop when a bony prominence on the patient’s body continually presses against a mattress, pad or any object. Body parts with the greatest potential for developing a bedsore include:

  • Toes, heels and ankles
  • Back to the knees and elbows
  • Hipbones, buttocks, sacrum, spine
  • Shoulder blades, shoulders and the back of the head
Avoiding a Bedsore

New Mexico Nursing HomeBy following simple steps, pressure sores can be prevented from ever occurring. To avoid the sore, the nursing staff is required to provide constant monitoring of patient’s skin, especially individuals wheelchair-bound or bedridden. The pressure can be alleviated by routinely repositioning the body, allowing continuous blood flow to supply oxygen to the skin and underlying tissue. Additionally, the nursing staff must provide every patient:

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Nursing homes with successful protocols for preventing facility-acquired bedsores require the staff to follow scheduled “turning” or “repositioning” of the patient’s body every two hours or less. Not taking this proper preventative measure could be considered negligence if the patient develops a decubitus ulcer.

Practices and Protocols NM Facilities Should Use to Reduce Incidence of Pressure Sores

New Mexico nursing homes with a low incident rate of bedsore development are usually those that have created effective practices, protocols and guidelines. These facilities create an effective health plan for every patient upon admittance to the home. By implementing the plan, the nursing staff ensures the patient receives quality care including daily skin inspections and routine body repositioning. Usually, skin assessments occur at every nurse’s shift change around-the-clock.

Alternatively, any developed bedsore left unattended can quickly progress to a life-threatening condition. In advancing stages, the wound can become susceptible to osteomyelitis (bone infection) or sepsis (blood infection). In fact, bedsore-related infections are one of the leading underlying causes of patient deaths in nursing homes.

Nearly any bedsore in its advanced state is an indicator of negligence at the facility. Because had the nursing staff followed proper protocol, the pressure ulcer could have been avoided. As a result, many family members with a loved one in a nursing home will hire a reputable New Mexico bedsore attorney to take legal action against the facility to stop the abuse.

Hiring an Attorney to Prosecute a New Mexico Nursing Home, Hospital or Assisted Living Center Where a Decubitus Ulcer Developed

Stopping the neglect immediately is paramount to ensure that your loved one can heal properly. Usually, filing a complaint with the nursing home administrator will not bring about an immediate change in the level of care the facility provides. Typically, hiring a nursing home abuse lawyer to file a complaint or lawsuit is the only viable or affordable option.

A skilled New Mexico bed sore attorney can file a claim or lawsuit against all parties responsible for causing your loved one’s injury. In addition, the lawyer can seek financial compensation to hire skilled medical personnel trained to treat progressive decubitus ulcers. The professionals provide these services in cities all throughout New Mexico including:

  • Albuquerque
  • Las Cruces
  • Santa Fe
  • Rio Rancho
  • Roswell

Our New Mexico nursing home attorneys listed below accept cases on contingency. This means that no upfront fees are required to stop the negligence and file a claim for financial compensation. Fill in the contact form here to schedule a free, no-obligation initial consultation to discuss every available legal option. The lawyer can stop the neglect immediately and ensure that your loved one is receiving the best medical care possible to keep them safe and improve the quality of their daily life.

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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 ResourcesInformation on New Mexico Nursing Home Abuse & Negligence Lawsuits

Our attorneys have compiled data from settlements and jury verdicts across New Mexico to give you an idea as to how cases are valued. Learn more about the cases below:

Related Articles Nursing Home Abuse & Neglect Resources
Client Reviews
★★★★★
Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial. Lisa
★★★★★
After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit process was at times frustrating, Jonathan reassured me, particularly at my deposition. I really felt like Jonathan cared about my wife’s best interests, and I think that came across to the lawyers for the nursing home. Eric