We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client.
What is Nursing Home Abuse and Neglect?
It’s essential to understand and identify nursing home abuse and neglect if you have a loved one in elder care. Being vigilant about the types, signs, and causes, will help keep your family member safe.
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Neglect
Failing to care for residents in a reasonable manner that assures basic needs such as food, water, medicine, and hygiene.
Signs:
- Inattentive staff
- Unclean room and common areas
- Poor hygiene
- Bedsores
- Frequent falls
- Minimal urination, lack of tears, or chapped lips (result of dehydration)
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Physical Abuse
Ranges from hitting, kicking, or shoving, to overuse of restraints.
Signs:
- Startling or scaring easily
- Being withdrawn
- Bruises, scrapes, red marks
- Broken bones
- Damage to personal property
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Emotional, verbal, mental abuse
Insults, threats, gaslighting, withholding information.
Signs:
- Fear of being alone
- Easily startled
- Crying
- Rocking, moaning, mumbling
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Sexual Abuse
Any unwanted sexual contact.
Signs:
- Being withdrawn
- Emotion and physical outbursts, violence
- Torn, stained underwear
- Injuries to the genitals, bleeding
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Financial Abuse
Stealing resident’s funds, preventing access to money, or misusing power of attorney.
Signs:- Important papers, check book, or credit cards missing
- Unexplained expenses
- Auto-payments suddenly being set up
- Unusual “charitable” donations
- Secretive behavior
Causes of Nursing Home Abuse & Neglect
When it comes to the causes of abuse and neglect in nursing homes and other elder care facilities, there are many. Some are rooted in the facility’s operations and personnel, but others arise due to the residential population and their needs.
Some common causes of neglect and abuse include:
- Untrained, underpaid, overworked staff
- Lack of necessary supplies and resources
- Poor management, lack of supervision, failure to address problems
- Failure to comply with regulations
- Negligent hiring
- Personal issues of staff (stress, mental health problem)
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$20 MILLION Oil and gas case involving significant economic harm
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$19.4 MILLION Jury Verdict Wrongful Death of an elderly woman at Assisted Living facility.
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$13.5 MILLION Jury Verdict Patient paralyzed after nurses failed to tell a doctor about a change in condition
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$8 MILLION Young college student suffers brain injury from negligent conduct
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$7.5 MILLION West texas woman becomes brain injured when basic safety rules were not followed
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$6.2 MILLION Jury Verdict Marine veteran suffers catastrophic harm after a dangerous fall
All of our clients have families of their own. They are decent, hardworking people, and come to uswith complex business issues or because their lives have been changed by a catastrophic injury.
Medical Malpractice and Elder Care Facilities
Unsurprisingly, nursing homes and other elder care facilities work closely with medical professionals. Chronic conditions, illnesses, and other medical needs often resulting from advancing age must have the proper medical care. These healthcare professionals must always provide care that meets the standards required by law.
While not every bad medical result is medical malpractice, mistakes happen by even the most conscientious providers. When they do, your senior relative might suffer injury caused by medical malpractice.
In New Mexico, it’s important that possible medical malpractice claims are brought within the statute of limitations. That means claims must be made within three years of the injury, or three years of the discovery of the injury.
One of our medical malpractice attorneys can explain the law to you and determine if you have a case. Note that state law has imposed a damages cap on medical malpractice claims and what role the patient’s compensation fund might play.
Get help with your medical malpractice case, contact us today.
New Mexico Resources For Elder Care
The state has several resources to help families with elder care.
- Aging and Long-Term Care Services Department
- Division of Health Improvement, Incident Management Bureau
- Long Term Care Ombudsman
The Long-Term Care Ombudsman is particularly important if you believe your loved one is suffering abuse or neglect. You can read about reporting abuse, neglect, and exploitation here, and the hotline number to report abuse is (830) 264-6297.
We Take Nursing Home Neglect Cases to Trial and Win
Most legal matters never go to trial. To avoid the costs and strain of lengthy litigation, parties typically will settle claims and avoid the courtroom. Kemmy Law Firm believes in doing everything possible to build the strongest case possible to force a fair, reasonable settlement making a trial unnecessary.
But sometimes the other side digs in and forces a trial. And when that happens, we are ready to fight for the nursing home neglect and abuse damages your loved one deserves.
Our family law firm knows how devastating discovering someone has harmed your love one can be and how much financial relief may be needed to deal with injuries and securing other living arrangements. You can count on us to treat your claim as if it had happened to our own elderly family members. We care and we show it through our zealous advocacy. No lawyer can guarantee an outcome. But we do have a track record of success.
Schedule a free consultation - no fees unless we win or settle your case (830) 264-6297
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"You could not hire a better attorneys than the Kemmy's."
My husband was involved in an industrial accident & we hired the Kemmy law firm to represent him with that case. You could not hire a better attorneys than the Kemmy's. They went above & beyond to help him get what he deserved. If you are searching for a lawyer in Texas you need to hire them!!!
- Colleen B. -
"Very easy to talk to, sincerely cared about my situation."
I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!- Holly O. -
"They were so patient and explained everything in detail."
Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.
- Dora M. -
"Nick was very open and transparent."
Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.
- Richard G. -
"Showed a deep understanding of my personal situation and demonstrated empathy."
Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .
- Jim P. -
"Not only were they my lawyers they became like family."
I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm- Jeremiah L. -
"I wholeheartedly endorse Kemmy Law without reservation."
Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.- Jerry G. -
"I would recommend the Kemmy Law Firm 100 times out of 100."
We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.
- Iaz P.
