Las Cruces Nursing Home Abuse Lawyer

The decision to place a family member in a long-term care facility is often made with the expectation that they will receive compassionate and professional care. Unfortunately, instances of nursing home abuse and neglect are all too common, and many vulnerable adults suffer from harm at the hands of those entrusted with their care.

If you or a family member has been abused or neglected in a Las Cruces, New Mexico, assisted living facility, you must take legal action. With the help of an experienced Las Cruces personal injury lawyer, you can ensure those responsible are held accountable and your family member receives the justice they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our focus is on securing justice and fair compensation for those affected by nursing home abuse. With extensive experience in handling such cases, our dedicated legal team has consistently delivered strong results, including significant settlements and verdicts.

We leave no stone unturned during our investigations, ensuring every aspect of abuse—such as medical costs, emotional distress, and other related damages—is carefully evaluated and addressed. Leveraging our in-depth knowledge of nursing home abuse claims, we skillfully handle the legal process, fighting relentlessly to uphold your rights.

Throughout your case, we offer clear communication and compassionate support, making sure you and your family stay informed, protected, and confident at every stage.

Types of Cases Handled by Our Las Cruces Nursing Home Abuse Lawyers

Nursing home abuse refers to any harm or mistreatment of residents in nursing homes or long-term care facilities by staff or other residents. Our New Mexico nursing home abuse lawyers handle a wide range of nursing home abuse cases, including:

Physical Abuse

Physical abuse in nursing homes can include anything from slapping, hitting, or kicking to improper use of restraints.

Mental and Emotional Abuse

Emotional abuse can include verbal attacks, threats, isolation, and manipulation, all of which can severely impact a resident’s mental health.

Sexual Abuse

Sexual abuse in nursing homes is a deeply traumatic form of abuse. Vulnerable residents may be subjected to non-consensual physical contact or sexual harassment by staff or other residents. This type of abuse can result in physical injuries as well as long-lasting psychological scars.

Medical Malpractice

Medical malpractice includes improper medical care or medication errors. Bed sores, also known as pressure ulcers, are a common indicator of medical malpractice and poor care.

Negligence

Nursing home negligence includes poor hygiene, malnutrition, dehydration, or unsafe living conditions. Negligent staff members may fail to provide adequate supervision, leading to injuries from falls or allowing vulnerable residents to wander off unsupervised (elopement).

Financial Abuse

Financial exploitation occurs when staff or other individuals within nursing home facilities take advantage of vulnerable residents. This may involve theft of personal belongings, unauthorized use of bank accounts, or fraudulent activity that drains a resident’s financial resources.

Wrongful Death

In some unfortunate cases, nursing home abuse or neglect can lead to the tragic death of a resident. If your family member has passed away due to the negligent or abusive actions of a nursing home facility, you may be able to file a wrongful death claim. Our Las Cruces nursing home abuse lawyers can assist in seeking justice and compensation for your loss.

Understanding Your Legal Rights

Nursing home residents in Las Cruces, New Mexico, are protected under both federal and state laws designed to ensure their safety and well-being.

The Nursing Home Reform Act of 1987 sets forth the right of residents to receive proper care and live free from abuse and neglect.

In addition, New Mexico laws provide further protection through specific guidelines enforced by the New Mexico Department of Health.

Adult Protective Services (APS) in New Mexico plays a crucial role in safeguarding the rights and well-being of vulnerable adults, including nursing home residents. APS is responsible for investigating reports of abuse, neglect, or exploitation involving adults who are unable to protect themselves due to age or disability.

Eligibility to File a Claim 

The residents themselves, if capable, can file a claim against the nursing home or responsible individuals. If the resident is incapacitated or has passed away due to nursing home abuse or neglect, their family members, legal guardians, or estate representatives can pursue legal action.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home negligence cases, liability extends beyond the individual who directly inflicted the abuse and can also include other people or entities that contributed to the unsafe environment or neglectful practices within the facility.

Identifying all liable parties is essential to building a strong case and securing full compensation for the victim.

• Nursing Home Staff: Direct caregivers, such as nurses and aides, can be held accountable for negligent and abusive behavior. If a staff member fails to provide the necessary care or intentionally harms a resident, they are directly liable.
• Nursing Home Management: Administrators and supervisors who fail to properly hire, train, or supervise staff can also be liable. If management ignores complaints of abuse or allows unsafe practices, they contribute to the abusive environment.
• Third-Party Contractors: Many nursing homes and assisted living facilities outsource services like cleaning or food preparation to third-party contractors. If these contractors contribute to neglect, such as through unsanitary conditions or improper care, they can be held responsible for the harm caused.
• Medical Professionals: Doctors, nurses, or pharmacists providing care within the facility can be liable for medical malpractice, such as medication errors or failure to properly treat conditions like bed sores.

How Our Las Cruces Nursing Home Abuse Attorneys Can Help

Our nursing home negligence and abuse attorneys have extensive experience in handling cases of elder abuse and neglect.

We understand the emotional and financial toll these cases take on families, and we are committed to guiding you through the entire process with compassion and expertise.

Our services include:

• Free Case Evaluation: We offer a free consultation to review your case, explain your legal options, and determine the best course of action.
• Case Investigation: We thoroughly investigate nursing home abuse cases, collecting evidence such as medical records, witness testimony, and facility reports to build a strong claim.
• Filing the Claim: Our attorneys will handle the complex paperwork and legal filings needed to pursue your claim in court or through settlement negotiations.
• Settlement Negotiation: We are skilled in negotiating with insurance providers to secure fair compensation for the injuries and damages your loved one has suffered.
• Trial Representation: If a settlement cannot be reached, our team is fully prepared to take your case to trial and advocate for justice in the courtroom.

Common Signs of Elder Abuse Among Nursing Home Residents 

Abuse in nursing homes can take many forms, and recognizing the signs of nursing home abuse is critical to protecting your loved one and ensuring they receive the care they deserve.

• Unexplained bruises, broken bones, or other injuries that seem inconsistent with the staff’s explanations
• Red marks or abrasions on the wrists, ankles, or body can indicate the use of restraints, which may be a form of abuse if used improperly
• Frequent falls, especially if they go unreported or seem to happen due to inadequate supervision
• Sudden changes in mood or behavior
• Withdrawal from social activities
• Fear of certain caregivers
• Unclean living spaces, dirty clothing, or poor personal hygiene
• Malnutrition or dehydration
• Bedsores (pressure ulcers)
• Unexplained STDs or injuries in sensitive areas
• Torn or stained underclothing
• Sudden, large, or frequent withdrawals or charges from a resident’s bank account
• Missing personal belongings
• Depression or anxiety
• Aggression or agitation
• Untreated medical conditions
• Reluctance to speak about care

The worst-rated nursing homes in Las Cruces include:

What to Do If You Suspect Nursing Home Abuse

If you suspect abuse or neglect in a nursing home, follow these steps:

• Call 911 if there is immediate danger.
• Report nursing home abuse or neglect to the facility administrator or management.
• File a complaint with your local Ombudsman’s office, which advocates for the rights of nursing home residents and investigates claims of abuse.
• Contact a lawyer to discuss your legal options and begin the process of holding the responsible parties accountable.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their family members may be entitled to various types of compensation through a nursing home abuse claim.

Economic damages refer to the financial losses directly related to the nursing home abuse.  Examples  include:

• Medical Expenses: Costs related to treatment, hospitalization, or ongoing care due to injuries sustained from the abuse.
• Relocation Costs: If the victim needs to be moved to a new long-term care facility to ensure their safety, these costs may be recovered.
• Funeral and Burial Costs: In cases of wrongful death, the family can seek compensation for funeral expenses and other end-of-life costs.

Non-economic damages are meant to compensate for the intangible losses that result from nursing home abuse and have no direct financial cost. Examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the victim.
• Emotional Trauma: Victims of emotional abuse or neglect may suffer from long-term psychological effects, such as anxiety, depression, or post-traumatic stress.
• Loss of Enjoyment: When a victim’s ability to enjoy life is diminished due to injuries or emotional trauma, they may be compensated for this loss.

Punitive damages may be awarded in cases where the abuse or neglect was particularly egregious or intentional. These damages are not meant to compensate the victim directly but are instead designed to punish the responsible parties and deter similar behavior in the future.

The Cost of Hiring a Las Cruces Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand the financial burden that nursing home abuse can place on families. That’s why our Las Cruces nursing home abuse lawyers work on a contingency fee basis.

This means you do not have to pay any upfront legal fees to hire us. Instead, we only get paid if we successfully win your case, either through a settlement or a verdict in court.

You Have Limited Time to Take Legal Action in Las Cruces

In Las Cruces and throughout New Mexico, there is a limited window of time in which you can file a legal claim for nursing home abuse, also known as the statute of limitations.

The statute of limitations for filing a nursing home abuse claim is typically three years from the date the abuse or neglect occurred or from the date it was discovered. However, there can be exceptions depending on the specific circumstances of the case.

If you do not file your claim on time, you may lose the right to seek justice and recover compensation for the harm caused to your loved one.

Consulting with an experienced Las Cruces personal injury lawyer as soon as you suspect abuse can help ensure that your case is filed within the required timeframe and that your legal rights are fully protected.

Contact a Las Cruces Nursing Home Abuse Attorney Today!

If you or a family member has been a victim of nursing home abuse in Las Cruces, New Mexico, don’t wait to seek help.

Our experienced team of attorneys is ready to provide the legal assistance you need to hold those responsible accountable.

Contact us today for a free consultation, and let us guide you through the entire process of pursuing justice for your loved one.

Call us at (800) 926-7565 or fill out our contact form.