Nursing Home Neglect Lawyers in Hobbs, NM

Your senior family member deserves love, respect, and protection – not neglect and abuse.

Unfortunately, the National Center on Elder Abuse (NCEA) reports that thousands of seniors in long term care facilities are abused every year.

Whether residing in a Hobbs or Albuquerque, NM nursing home, assisted living facility, or other long-term care arrangements outside the home, the elderly deserve quality care. If your senior family member under the care of others has been abused, neglected, or injured, you need a nursing home neglect lawyer from Kemmy Law Firm.

Schedule a free consultation about a nursing home neglect case.

At Kemmy Law Firm, our experienced personal injury lawyers are not just like family – we are family. And because we understand the importance of family, we have the knowledge, skills, and understanding needed to help your family. For more than 50 years we’ve helped families like yours get the compensation they deserve after nursing home abuse and neglect incidents.

We have secured millions of dollars for injured persons and their families, and you owe nothing unless we win for you. Let us put our five decades of combined experience to work for you. Call (575) 222-8549 to schedule a free, no-risk consultation.

Recently, we created favorable law for Texan nursing home residents when the Texas Supreme Court upheld our $3.4 Million verdict in favor of our elderly client who suffered a spinal cord injury while in a nursing home. Detrick v. Regent Care — S.W.3d —-2020 WL 231194363 Tex. Sup. Ct. J. 1044.

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.

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)

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  • Being withdrawn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

Emotional, verbal, mental abuse

Insults, threats, gaslighting, withholding information.

Signs:

  • Fear of being alone
  • Easily startled
  • Crying
  • Rocking, moaning, mumbling

Sexual Abuse

Any unwanted sexual contact.

Signs:

  • Being withdrawn
  • Emotion and physical outbursts, violence
  • Torn, stained underwear
  • Injuries to the genitals, bleeding

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

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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)

Nursing Home Negligence in New Mexico

Care for the elderly in residential facilities such as nursing homes is heavily regulated by New Mexico and federal law. Requirements under federal law include providing a sufficient ratio of staff to residents, providing necessary services for day-to-day life, and accuracy when providing medication.

State law requires these facilities to provide periodic physician care and have a full-time director and charge nurse on duty 24/7. The regulations also mandate that the basic needs or residents are met and that medications be properly administered. To prevent injury and possible abuse, state law forbids physical or chemical restraints unless in an emergency or with written doctor orders.

New Mexico’s Adult Protective Services Act (APSA) applies to nursing home residents. Abuse under the law includes any instance where someone knowingly, intentionally, or negligently causes pain, injury, or mental anguish. The APSA also provides how abuse is investigated and reported.

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Why Work with a Nursing Home Lawyer

Sadly, even with so many regulations to safeguard seniors, neglect and abuse still occurs. When it does, you must be ready to act quickly to protect your loved one from further harm and to seek compensation for any injuries. To do this, you need the experienced nursing home neglect lawyers at Kemmy Law Firm.

Once you are represented, we can work with you to build your negligence case against the parties liable for your loved one’s injuries. To prevail in a nursing home neglect case, we must show:

  • A duty of care was owed to your loved one;
  • That duty was breached;
  • Injuries resulted from the breach of care.

Bedsores

A common sign of nursing home negligence is bedsores. Nursing homes owe a duty of care to residents to prevent bedsores. Also known as pressure ulcers, bedsores can develop because seniors may not move easily on their own, so nursing homes must be diligent about hygiene and reposition to keep blood flow to skin pressure points. The presence of bedsores on your family member would likely fit the elements of a negligence claim.

Besides negligence, there are additional legal claims that can be made when a resident is harmed. These include medical malpractice and wrongful death.

Testimonials

When you put clients first, they notice.

They fought for us as if they were fighting for their own family.

 

If you’re looking for a law firm, where you’re not just another client. I can say from personal experience, you have found the right place at The Kemmy Law Firm. Everyone there always treated us amazingly. Not at any time were we in the dark, not knowing what was going on. Either Tom, Nick or Melissa would give us updates often on the case and explain to us the next steps. Which this made us feel like we were the only case they had. They fought for us as if they were fighting for their own family. They were compassionate about making sure we were going to be all right during the case as well as the years after the case. We are so thankful we found the Kemmy Law Firm and you will be too. Thank you Tom, Nick, and Melissa and everyone at The Kemmy Law Firm.

  Stacey Mitchell   |   07.19.2019

I would not hesitate to go to them

 

The Kemmy’s are good people that I 100% trust to always keep my best interest in mind. I would not hesitate to go to them whenever I need legal advice!

  Bianca Mero   |   07.19.2019

It felt like they truly cared about my family

 

My wife and I had a very good experience with Tom Kemmy and his law firm. I live in Iowa and as you know Tom lives in Texas. With that said, Tom and his wife were traveling and made a point to stop at my home on a Saturday just to say hi and visit. The bottom line is that my settlement was excellent and I am not sure anyone else would have been able to do what Tom and his team did.

  Kevin Johnson   |   11.26.2019

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.

Wrongful Death in Nursing Homes

Sometimes a wrongful act, neglect, or failure to act ends in death. If you had a family member die under questionable circumstances while in the care of a nursing home or other elder care facility, you should make sure you understand the cause of death. Obviously, not every death in a facility is potentially wrongful. Given the age and condition of residents, death is not unexpected at some point.

In New Mexico, you don’t have the right to pursue a wrongful death claim as a survivor. Instead, the personal representative of your loved one’s estate files on your behalf. The wrongful death lawyers at Kemmy Law Firm can help you understand whether you have a case and how they can help you obtain a fair settlement.

Our Verdicts and Settlements
Speak for Themselves

Permanent Brain Injury

The Kemmy Firm secured an $8.6 million settlement on behalf of a woman who suffered a permanent brain injury after three years of hard-fought litigation.

Permanent Spinal Cord Injury

The Kemmy Law Firm, P.C. obtained the second largest medical negligence verdict in Texas for 2017 ($13.5 million).

Total Destruction of West Texas Business

The Kemmy team secured a confidential settlement for a group of Well Owners who were forced to shut down their oil related business with a $20 Million market value.

Permanent Spine Injury for Iowa Insurance Agent

We recovered $3 Million for a family whose breadwinner and patriarch suffered a severe spinal cord injury.

MORE CASE RESULTS

New Mexico Resources For Elder Care

The state has several resources to help families with elder care.

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 1-866-451-2901.

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.

Personal Injury Attorneys & Trial Lawyers Let Our Family Protect Yours

Kemmy Law Firm, P.C. IconKemmy Law Firm, P.C.

1601 North Turner Street Suite 417, Hobbs

5.0 12 reviews

  • Avatar R N ★★★★★ 2 months ago
    Nick was very easy to deal with. Very professional and understood the case very well. I hope to not have to work with him again (because not wanting another injury), but, if I do, I will work with again. Thanks for everything!
  • Avatar Manuel Arteaga ★★★★★ 2 months ago
    We were looking for someone to takeour case and We were unresponsive from some layers, either from well recogniced firms and I'm so grateful for that because since the first day that we spoke with Nick we knew that we will be well … More represented. He was very honest, clear, diligent and communicative thru the process. His work ethics are first class. I put him as a role model for my kids to know How a Profesional Person should be. Words are less of how greatfull we are to count with Him to represent us. Thank you Nick and your Team. Many Blessings!
  • Avatar Cynthia Garza ★★★★★ 9 months ago
    This law firm is professional , diligent and cares about their client. They were
    able to settle our suit at the first round of mediation. We were well informed about the process and knew what to expect.. The staff kept us informed and responded
    … More in a timely fashion to all correspondence .
  • Avatar Stuart Kunkel ★★★★★ 10 months ago
    I should have called Kemmy Law Firm, P.C. first
    For six months I have been dealing with an insurance company that would not reimburse me for a rental car I paid for out of pocket.
    I spoke to 10 different attorneys and nobody could help
    … More me.
    Then I called the Kemmy Law Firm, P.C. during a 15 minute phone call I got a Professional, Direct, Legal consultation that set me on the right course to handle my situation.
    The Kemmy Law Firm, P.C. is Polite, Respectful, and Sincerely Care about You enough to explain the legality of the Law with patience.
    Stuart
  • Avatar Jerry Guillen ★★★★★ 10 months ago
    Tom Kemmy helped me with a case about 20 years ago involving an insurance claim I had issues with and we were able to get the insurance to pay their part. I was very satisfied with Tom’s service. Also throughout the years since Tom has … More referred me and guided me in the right direction for legal questions. He is certainly a great person also because I personally know of him helping a grieving family that suffered the loss of 2 family members and he helped them gracefully. Thanks Tom for all you do.

Contact Kemmy Law Firm Today

(575) 222-8549 ONLINE FORM

Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.

When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.