The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Albuquerque Nursing Home Abuse Lawyer
Nursing home abuse is an alarming and heartbreaking issue that affects many vulnerable residents in Albuquerque, New Mexico, nursing homes. Families trust nursing homes to provide safe and respectful care for their loved ones, but sometimes this trust is broken.
Suppose you suspect that your family member has been a victim of nursing home neglect or abuse. In that case, it is essential to seek help from an experienced Albuquerque nursing home abuse attorney who can protect their rights and fight for justice.
These specialized personal injury attorneys are committed to standing up for victims and their families, ensuring that those liable are held accountable.
Why Hire Nursing Home Law Center
At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for victims of nursing home abuse. Our seasoned nursing home abuse lawyers have a strong history of successfully managing nursing home neglect cases, delivering substantial settlements and verdicts.
We leave no stone unturned during our investigations, ensuring every aspect of the abuse—such as medical costs, emotional distress, and other damages—is thoroughly addressed. Leveraging our extensive knowledge of nursing home negligence claims, we handle the legal process efficiently and fight relentlessly to defend your rights.
Throughout the journey, we offer compassionate and clear guidance, ensuring you and your loved ones feel supported, informed, and confident at every step.
Types of Cases Handled by Our Albuquerque Nursing Home Abuse Lawyers
Nursing home abuse refers to any action by nursing staff or other caregivers that causes harm to a nursing home resident. Abuse can take many forms, and recognizing the different types of abuse is crucial for protecting victims and ensuring that legal action is taken when necessary.
Our New Mexico nursing home abuse attorneys handle a wide range of cases, including:
Physical Abuse
Physical abuse involves the intentional use of force against a nursing home resident, resulting in injuries such as broken bones, bruises, or cuts. This type of abuse can include hitting, kicking, pushing, or improperly using restraints. Albuquerque nursing homes are supposed to follow strict protocols when using restraints, but failure to do so can cause serious injury.
Mental and Emotional Abuse
Emotional abuse can leave deep, invisible scars. This type of abuse includes verbal insults, threats, humiliation, and isolation of residents. It can lead to mental trauma, depression, and emotional distress, affecting a resident’s quality of life.
Sexual Abuse
Sadly, some residents in nursing homes fall victim to sexual abuse by staff members, other residents, or visitors. Sexual abuse can include unwanted touching, sexual assault, or harassment. Residents vulnerable due to physical or cognitive impairments may be particularly at risk.
Medical Malpractice
Medical malpractice in nursing homes often involves bed sores (also known as pressure ulcers), medication errors, or failure to provide proper medical treatment. Neglect of medical care can cause severe health complications, leaving the victim in acute distress and requiring extensive medical treatment.
Negligence
Nursing home negligence refers to the failure of nursing home staff to provide the necessary care for residents. This can result in poor hygiene, malnutrition, dehydration, and even residents wandering away from the facility (elopement).
Financial Abuse
Elderly residents may also experience financial abuse in nursing homes, including theft of money, fraudulent charges, or manipulation of their financial affairs without consent. In some cases, large corporations or nursing staff may take advantage of vulnerable residents for financial gain.
Wrongful Death
In the most tragic cases, nursing home abuse and neglect can lead to the untimely death of a resident. A wrongful death lawsuit can be filed when nursing home neglect or abuse results in a resident’s death, allowing family members to seek justice and compensation for their loss.
Understanding Your Legal Rights
Both federal and state laws protect nursing home residents.
Under the federal Nursing Home Reform Act of 1987, residents have the right to receive proper care and live in a safe environment. This law mandates that nursing homes meet specific standards to ensure the health and well-being of residents.
In addition to federal laws, New Mexico has regulations to protect nursing home residents. The New Mexico Department of Health enforces these laws through health inspections and licensing requirements for nursing homes.
Eligibility to File a Claim
Claims for nursing home abuse and neglect can be filed by:
- The nursing home resident: If they can recognize and report the abuse, the resident can file a claim directly.
- Family members or legal guardians: If the resident is physically or mentally unable to file a claim, a family member, legal guardian, or healthcare proxy may take legal action on their behalf.
- The estate of the resident: In cases where the abuse or neglect led to the death of the resident, the estate of the deceased can file a wrongful death lawsuit.
Liability in Nursing Home Neglect and Abuse Cases
Nursing home negligence can involve multiple parties that can all be held responsible for the harm caused to residents.
- Nursing home facility: For failing to properly vet employees, maintain safety standards, or address previous incidents of abuse.
- Nursing staff: For direct acts of abuse, neglect, or financial exploitation.
- Third-party contractors: In cases where outside caregivers or contractors contributed to the abuse or neglect.
- Management or administrators: Failure to train staff, prevent abuse, or report incidents.
- Corporate ownership: For failing to implement proper procedures or ignoring warning signs of abuse within their facilities.
How Our Albuquerque Nursing Home Abuse Attorneys Can Help
Our Albuquerque nursing home abuse attorneys have extensive experience representing victims of nursing home abuse and their families. We understand the complexities of these cases and are dedicated to protecting residents’ rights in New Mexico nursing homes. Our legal services include:
Free Case Evaluation
We offer a no-obligation, free case evaluation to help you understand your legal options. Our personal injury lawyers will review your case, listen to your concerns, and guide you in the best course of action.
Case Investigation
Our team will thoroughly investigate the abuse, gathering evidence such as medical records, health inspections, and witness testimonies to build a strong case on your behalf.
Filing the Claim
Once we have gathered all the necessary information, we will file a claim against the responsible parties, whether the nursing home staff, management, or corporate owners.
Settlement Negotiation
Many nursing home abuse cases are resolved through settlement negotiations. Our personal injury attorneys are skilled negotiators and will fight for maximum compensation for your loved one’s injuries.
Trial Representation
If a settlement cannot be reached, our personal injury attorneys are fully prepared to take your case to trial. We will present the evidence and argue for justice on behalf of your loved one.
Common Signs of Elder Abuse Among Nursing Home Residents
There are a total of 21 Medicare-approved nursing home facilities in Albuquerque. 48% of these facilities have an overall rating below average. Specifically, 52% of nursing homes fall short in health inspections, and 38% of facilities have inadequate staffing levels. 19% of nursing homes were rated poorly regarding quality measures. [1]
The worst-rated nursing homes in Albuquerque include:
Bear Canyon Rehabilitation Center | Ladera Center |
Neighborhood in Rio Rancho | Princeton Place |
Sandia Ridge Center | Suites Rio Vista |
Uptown Rehabilitation Center |
Identifying the signs of abuse and neglect can be difficult, especially if the resident is unable to communicate what is happening. Some of the most common signs of nursing home abuse include:
- Unexplained injuries such as broken bones, bruises, or cuts
- Sudden changes in behavior or mood
- Poor hygiene or unsanitary living conditions
- Bed sores or untreated medical conditions
- Malnutrition or dehydration
- Fear or anxiety around certain nursing staff or residents
- Unexplained financial transactions or missing belongings
What to Do If You Suspect Nursing Home Abuse
If you suspect that your loved one is being abused in an Albuquerque, New Mexico, nursing home, it is important to take action immediately. Here are the steps you should follow:
- Call 911 if there is immediate danger: If your loved one is in immediate harm or experiencing life-threatening abuse, contact local law enforcement right away to ensure their safety.
- Report the abuse to the nursing home administrator: They are legally required to investigate and address the issue.
- File a complaint with your local Ombudsman’s office: The Ombudsman advocates for residents and investigates complaints about nursing home care.
- Contact an Albuquerque nursing home abuse lawyer: They will help you understand your legal options to protect your loved one’s rights.
Damages You Can Recover Through a Nursing Home Abuse Claim
Victims of nursing home negligence and their families may be entitled to various types of compensation, including:
Economic Damages
These damages compensate for the actual financial losses incurred due to the abuse or neglect. Examples include:
- Medical expenses
- Relocation costs
- Lost wages
- Funeral expenses
Non-Economic Damages
These damages address the psychological impact of the abuse or neglect. Examples include:
- Pain and suffering
- Mental trauma
- Loss of quality of life
Punitive Damages
In cases of particularly egregious nursing home neglect or abuse, courts may award punitive damages. These damages are designed to punish the rehabilitation center or staff members responsible for the abuse and deter similar behavior in the future.
The Cost of Hiring an Albuquerque Nursing Home Abuse Lawyer
At Nursing Home Law Center, we understand the financial burden of legal representation can be a concern for families dealing with the effects of nursing home abuse. That’s why our Albuquerque personal injury lawyers work on a contingency fee basis.
This means you won’t pay any upfront legal fees. Instead, we only collect payment if we successfully recover compensation for you.
You Have Limited Time to Take Legal Action in Albuquerque
If you suspect that your loved one has been a victim of nursing home negligence in Albuquerque, it’s important to act quickly.
In New Mexico, the statute of limitations for nursing home negligence cases typically allows up to three years from the date of the injury or discovery of the abuse to file a lawsuit.
If the abuse led to the death of a family member, a wrongful death lawsuit must be filed within this same period. Missing this deadline can result in losing the right to pursue compensation for the harm caused.
Given the complexities of nursing home negligence claims and the strict deadlines, it’s important to consult with an Albuquerque nursing home abuse lawyer as soon as possible to protect your legal rights and begin the process of seeking justice for your loved one.
Contact an Albuquerque Nursing Home Abuse Attorney Today!
At our law firm, we are committed to protecting the rights of residents in nursing homes and holding abusive facilities accountable.
With years of experience handling nursing home abuse cases, our personal injury attorneys are here to help you seek justice for your loved one. Contact us today for a free consultation and take the first step toward recovering maximum compensation for your loved one’s suffering.
Call us at (800) 926-7565 or fill out our contact form.
References: [1] Medicare