Nursing Home Abuse: How to Spot the Signs and Protect Your Loved Ones

As the population of older adults continues to grow, nursing homes and long-term care facilities play an increasingly vital role in providing care for our elderly loved ones. However, not all nursing homes are created equal, and sadly, instances of abuse and neglect are more common than many people realize. Whether caused by understaffing, lack of proper training, or outright intentional harm, nursing home abuse is a serious issue that can have devastating consequences for residents and their families.

In New Mexico, as across the United States, it is crucial to be vigilant and informed about the potential signs of nursing home abuse, as well as your rights and options for protecting your loved ones.

Of course, having a personal injury attorney on your side can help you get the most robust compensation possible and provide you peace of mind so you can focus on getting better. If you or a loved one has been injured from nursing home abuse, you should immediately talk to a lawyer. In the meantime, keep reading to find out more about this insidious trend.

Personal Injury and Nursing Home Abuse

As opposed to damage to property rights, personal injuries encompass any type of harm inflicted upon an individual's body, emotions, or reputation. Typically, nursing home abuse can take many forms, and it’s essential to understand the different types to spot the signs effectively. The most common forms of abuse include:

1. Physical Abuse: Physical abuse involves the use of force that causes harm to the resident. This can include hitting, slapping, or restraining the individual improperly. Signs of physical abuse may include unexplained bruises, fractures, burns, or other injuries. Residents may also exhibit fear or anxiety around specific staff members.
2. Emotional or Psychological Abuse: Emotional abuse can be difficult to detect but is just as damaging as physical abuse. It may involve verbal assaults, threats, humiliation, or isolation. Victims may show signs of depression, anxiety, withdrawal, or fear of certain caregivers.
3. Sexual Abuse: Sexual abuse is any non-consensual sexual contact with a nursing home resident. Signs of sexual abuse may include genital infections, unexplained bleeding, bruising, or emotional distress. These signs should always be taken seriously and reported immediately.
4. Neglect: Neglect is one of the most common forms of abuse and occurs when a nursing home fails to provide necessary care. This includes not feeding, bathing, or providing adequate medical attention to residents. Signs of neglect may include weight loss, poor hygiene, untreated medical conditions, or bedsores (also known as pressure ulcers).
5. Financial Exploitation: Financial exploitation occurs when a caregiver or other individual takes advantage of the elderly resident's finances. This can involve stealing money, forging documents, or pressuring the resident into making financial decisions. Be on the lookout for unexplained withdrawals from bank accounts, changes in financial documents, or new "friends" who are overly involved in the resident's affairs.

Types of Personal Injury Claims in New Mexico

Separate causes of action arise under the personal injury umbrella and are commonly filed within the New Mexico court system, including but not limited to abuse in nursing homes. Claims may also be brought for non-physical injuries, such as the following:

• Intentional infliction of emotional distress
• Defamation
• False arrest, detention, or imprisonment
• Breach of privacy

Thus, finding a lawyer who has handled cases similar to yours in the past gives you the best chance of success in your case. Furthermore, your lawyer will have access to specialized resources that can aid in your rehabilitation and recuperation for your specific accident type. It's also important to keep New Mexico's statute of limitations for personal injury in mind because you have two years from the date of your accident to file in our state.

Spotting the Signs of Nursing Home Abuse

Of course, spotting the signs of nursing home abuse can be challenging, especially if the resident is unable to communicate or if they are afraid to speak out. However, there are key indicators to watch for:

• Physical Symptoms: Unexplained injuries, bruising, cuts, burns, or scars, as well as untreated bedsores.
• Emotional and Behavioral Changes: Withdrawal from social activities, anxiety, depression, or fearful behavior when certain staff members are present.
• Unsanitary Conditions: Unclean facilities, foul odors, inadequate nutrition, or soiled bedding are red flags for neglect.
• Sudden Financial Changes: Unexplained transfers of assets, missing personal belongings, or pressure to sign financial documents.
• Inconsistent Explanations for Injuries: If the nursing home staff or caregivers provide conflicting or vague explanations for injuries or changes in behavior, this could indicate an attempt to cover up abuse.

If you suspect that a loved one is being abused or neglected in a nursing home, it’s important to act quickly to protect their safety. Here are the key steps you can take:

1. Document the Evidence: Keep a detailed record of any signs of abuse, including photographs of physical injuries, a log of unusual behaviors, or notes on conversations with staff members. This documentation may be crucial if legal action becomes necessary.
2. Report the Abuse: In New Mexico, you can report nursing home abuse to the New Mexico Adult Protective Services (APS). You can also contact the New Mexico Department of Health, which investigates complaints related to nursing home abuse and neglect. The federal agency, the Centers for Medicare and Medicaid Services (CMS), also monitors nursing home conditions and can be alerted to concerns.
3. Seek Medical Attention: If you believe that your loved one has been physically harmed or neglected, seek immediate medical attention. Medical professionals can document injuries and provide necessary care, which will also serve as important evidence in any legal proceedings.
4. Consult a Nursing Home Abuse Attorney: If you suspect abuse, it is vital to speak with an experienced nursing home abuse lawyer who can advise you on your legal rights. In New Mexico, residents are protected by state laws that ensure their rights to quality care. A skilled attorney can guide you through the process of filing a lawsuit, seeking damages, and holding the nursing home accountable.

Once you've retained an attorney, complaints are filed to initiate personal injury lawsuits in New Mexico in the appropriate district court. The court rules or New Mexico law may mandate that your complaint contain (or lack thereof) particular allegations. However, your general complaint should be described in paragraphs that are differently numbered:

• The case's parties specify when, where, and how they were injured, the nature of their injuries, the wrongdoing of the defendant that resulted in those injuries, and the type of relief (typically monetary damages) they desire the court to grant them.
• The court registrar will issue a summons—an order compelling the defendant to appear in court and defend the case—upon the filing of your lawsuit.
• You or your attorney then must make arrangements for the defendant to receive "service" (delivery) of the summons and a copy of the complaint.

Call a Personal Injury Attorney in New Mexico

Here at Will Ferguson & Associates, our legal team has the decades of experience you deserve when it comes to litigating your claim. We have assisted tens of thousands of victims in obtaining justice; we are also able to assist you. If you or a loved one has been injured as a result of another person's negligent actions in a nursing home, you should retain the services of our skilled personal injury attorney in Albuquerque to advocate for your interests.

Our New Mexico personal injury attorneys at Will Ferguson & Associates will fight for your rights and ensure you get fair compensation no matter the nature of your accident. Contacting (505) 243-5566 to discuss your case and losses is a good first step toward a smooth, stress-free resolution to your claim.