One in 10 elders suffers from abuse in the United States. This data is recovered from an analysis conducted by the U.S. Commission on Civil Rights (USCCR).
New Mexico is home to more than 430,000 elders from diverse backgrounds and cultures. Several local and federal laws are established to protect elders from mistreatment from caregivers, family members, and nursing home facilities.
Unfortunately, these statutes are not enough to stop the growing number of elder abuse cases. Some victims are too afraid to speak up about their experiences and would rather suffer in silence. This isolation is often attributed to confusion or a lack of a solid support system.
Here’s where we can help you. Our Albuquerque nursing home abuse lawyer will advocate for your rights and speak up for you. We will help you build a compelling case to give you or your loved one the justice they deserve!
Our Albuquerque nursing home abuse lawyers are seasoned professionals with extensive legal assistance experience. We assist family members and abused patients pursue their nursing home neglect cases.
Here’s how our principal nursing home abuse lawyer can help you:
Nursing home abuse is when a long-term facility patient suffers physical, mental, emotional, and financial abuse. The scope of this legal practice is broad, but it generally addresses elder mistreatment inside a long-term care institution.
A nursing facility is a medical institution that provides residential care for elders and disabled individuals. Nursing home employees must ensure that all patients receive optimal care and safety.
Unfortunately, some nursing home residents are suffering from nursing home abuse. Nursing home abuse cases became so prevalent the law had to establish a new sector solely dedicated to addressing nursing home abuse.
Various types of nursing home abuse cases are reported in the country. One of the most commonly documented is physical elder abuse. The report showed that physical elder abuse accounts for most nursing home abuse cases in recently released statistics.
Several factors such as substandard nursing homes, isolation, and insufficient floor space contribute to the recurrence of elder abuse. Furthermore, nursing homes with a history of abuse tend to repeat inappropriate practices.
In a 2018 report, ProPublica named New Mexico the worst nursing facility provider in the entire country. 36 out of 74 Medicare and Medicaid nursing facilities were identified to have serious deficiencies.
Furthermore, the state also reported 2,217 infraction cases ranging from a minor failure to notify a family member to resident abuse and neglect from staff members.
The organization Nursing Home Abuse Justice published a compilation of national statistics and facts about nursing home abuse cases in the nation.
In the organization’s statistics, they identified risk factors that affect a victim’s likelihood of suffering from abuse in a residential home:
If you suspect nursing home abuse in Albuquerque, New Mexico, contact our Albuquerque nursing home abuse attorneys at Will Ferguson & Associates.
We know how dangerous this situation can be and will work tirelessly to ensure that those responsible are held accountable.
Nursing home residents are in great danger of experiencing different types of nursing home abuse. Although physical abuse is the most common, other types of elder abuse exist. The resident’s family members must be keen on the different signs of abuse.
One of the most frequently reported nursing home abuse is physical abuse. Physical abuse occurs when a nursing home resident suffers physical harm from a nursing home staff member. This type of abuse can be intentional or unintentional.
Some most common physical injuries suffered by an elderly resident are caused by hitting, punching, hair pulling, and kicking.
The victim of physical abuse often shows visible injuries such as bruising, lacerations, and broken bones. A thorough medical examination is needed to confirm the abuse in some cases.
Sexual assault is another type of abuse commonly seen in nursing homes. This type of abuse usually involves a staff member or other resident exploiting a vulnerable nursing home resident for their gratification.
Sexual abuse can include everything from unwanted touching and kissing to rape and sodomy. Often, victims of physical or sexual abuse feel ashamed to report the incident. They may also feel like they are to blame for the abuse.
If you suspect that your loved one is being sexually abused in a nursing home, it is crucial to speak up. Do not hesitate to contact the authorities or an Albuquerque nursing home abuse lawyer.
Financial exploitation is a type of abuse that often goes unreported. This type of abuse usually occurs when a nursing home resident is taken advantage of financially by a staff member or another resident.
The abuser may try to coerce the elderly resident into giving them their money, jewelry, or other valuable possessions. They may also try to get the resident to sign valuable legal documents.
If you suspect that your loved one is facing financial abuse in a nursing home, it is vital to speak up. Contact the authorities or an experienced nursing home abuse attorney right away.
Emotional abuse is another commonly documented abuse inside a nursing home. Unfortunately, emotional abuse is not easy to detect. This type of mistreatment can involve anything from verbal insults to more subtle forms of manipulation.
Emotional abuse is often more challenging to identify than physical or sexual abuse. The abuser may not leave any physical evidence behind. However, the emotional scars can be just as damaging as any other type of abuse.
Psychological or mental abuse is a type of mistreatment that often goes unreported. This type of abuse usually occurs when a nursing home resident is taken advantage of psychologically by a staff member or another resident.
The abuser may try to manipulate the elderly or disabled resident into doing things they don’t want to do. Manipulative staff members often use ‘gaslighting’ techniques to do this.
Some signs of nursing home abuse are easy to miss, and some are evident. You must keep an eye out for these obvious signs of abuse to protect your loved ones against nursing home mistreatment.
Albuquerque nursing home abuse attorneys are proficient legal professionals who can help you file a lawsuit against the nursing home that abused your loved one. Whether you need to file a claim for physical abuse, emotional abuse, or financial exploitation, they can help.
In nursing home abuse cases, the victim can hold several parties liable for the mistreatment. The responsible party is identified through a thorough case investigation and background check. In New Mexico, here are the possible accountable parties:
Once you have identified and confirmed signs of abuse, you can initiate a nursing home abuse lawsuit against the responsible party. Depending on the circumstances, you can file a civil or a criminal case.
In a nutshell, here’s what the entire civil lawsuit process would look like. Take note that the process outlined below assumes that you already have a nursing home neglect attorney working with you.
Albuquerque nursing home abuse attorneys can help make this long and complicated process more bearable. They can help you maximize your settlement, recover viable evidence, and hold the appropriate party liable for the incident,
There are no established recoverable damages for nursing home abuse claims in New Mexico. The value of your case varies depending on the facts recovered from your case. Generally, the court will base your damages on the following points:
Once your Albuquerque nursing home abuse lawyer can identify the basics of your case, they will start estimating your case value. Here are some of the most frequently recovered damages in nursing home cases.
Presenting viable evidence is the most effective way to prove mistreatment in nursing home neglect cases. The burden of verifying claims of abuse falls on the victim’s party.
An Albuquerque nursing home neglect lawyer can help you establish your case by securing evidence that would prove the following elements:
N.M. Stat. Ann. §37-1-8 states that victims or representatives of the victim may file a civil lawsuit against the institution, the institution’s nurses, or caregivers within three years from the incident date.
In addition, N.M. Stat. Ann. §37-1-10 states that victim’s who sustained incapacitating injuries are given an additional one year on top of the regular statute of limitations.
Hiring an Albuquerque nursing home neglect attorney as soon as possible is essential to ensure that your claim falls within the filing deadline. Once you miss the limitation of your case, the court can immediately dismiss your case.
Once you have identified the warning signs of abuse, you need to pursue appropriate legal actions to hold the responsible party accountable for your family member’s injuries. Here’s how you can do that:
Will Ferguson & Associates is a law firm comprised of a successful team of personal injury lawyers. We have been advocating and protecting victims’ rights since 1983. Here’s why our personal injury attorneys at Will Ferguson & Associates are the perfect advisors to handle your case:
Speaking up against abuse is not an easy task, especially for the victim. If your loved one is suffering from mistreatment in a nursing home facility in Albuquerque, NM, you need to speak with our Albuquerque nursing home lawyer right away.
Our attorneys are dedicated to pursuing justice and compensation that you or your loved one deserves.
Our personal injury law firm offers a free case review and contingency payment for all our clients. Call us now at 505-657-3351 or complete our contact form for a free consultation.
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