Nursing Home Neglect Lawyers in Hobbs, NM

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.

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.

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.

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.

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 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.