Albuquerque Nursing Home Abuse – Ron Bell Injury Lawyer
If you believe your loved one is a victim of elder abuse or neglect, a nursing home abuse lawyer in Albuquerque at Ron Bell Injury Lawyers can evaluate your case and help you understand your options. We may be able to file a lawsuit to recover compensation on your loved one’s behalf to pay for his or her medical care and other losses.
We handle all nursing home abuse cases on a contingency fee basis, so you pay no attorney’s fees until we get your loved one the payout he or she deserves. Call us today at 505-898-2355 to get started.
New Mexico’s Nursing Homes Do Not Have a Good Reputation
While there are a few truly excellent long-term care facilities in and around the Duke City, New Mexico’s nursing homes overall do not fare well under scrutiny. In fact, a 2018 ProPublica analysis ranks New Mexico’s nursing homes the worst in the nation.
According to the analysis, inspectors found “serious deficiencies” in 36 of the 74 Medicare and Medicaid facilities they inspected between January of 2015 and April of 2018. The Centers for Medicare and Medicaid Services also reported more than 2,200 infractions in these facilities as well. A violation can range from a relatively minor incident to a confirmed case of physical or sexual abuse.
Knowing this, it pays to keep on guard and watch for signs of abuse, both with your loved one and with other residents. If you believe abuse is occurring and you have not already filed a complaint, you can:
- Report the Abuse by Phone – You can report potential nursing home abuse by calling the New Mexico Health Facility Complaints Hotline at 1-800-752-8649.
- Report the Abuse by Mail or Fax – You can also print a complaint form and fax or mail it in.
- Address Immediate Concerns with Police – If you believe a long-term care facility resident is in immediate danger and the nursing home administration fails to act, do not hesitate to call Albuquerque police. The police can ensure the resident gets prompt medical care, as well as file a complaint and possibly arrest the abuser.
- Contact Us to Learn More About Your Next Steps – If the abuse victim is your family member or a close friend, go ahead and give us a call as soon as possible. We may be able to help you collect evidence to prove the abuse occurred and to hold the nursing home liable for your loved one’s damages.
Damages Available in an Albuquerque Nursing Home Abuse Case
We cannot tell you how much your loved one’s nursing home abuse case might be worth until we conduct a full investigation. However, the value of your loved one’s case will depend on:
- The type of abuse he or she suffered
- The treatment he or she required
- The evidence we have against the liable parties
- The severity of his or her pain and suffering damages
We can, however, help you understand the types of damages we may be able to recover if we can negotiate a settlement or win an award for your loved one in court.
Common damages our clients collect in Albuquerque nursing home abuse cases include:
- Medical care and related expenses, when physical injuries occur
- The cost of therapy and counseling
- Repayment of any stolen money or other assets
- Damages for physical pain and emotional suffering
- Mental anguish
- Other emotional losses
The Five Types of Nursing Home Abuse
Elder abuse is not always as apparent as you might expect. Physical violence such as hitting and pushing may leave bruises and cuts, but other types of abuse are often much subtler. Unfortunately, though, all can cause lasting emotional scars.
Neglect is not usually intentional, and many people do not recognize the signs as abuse. However, it can be the deadliest type of abuse for seniors who depend on their caregivers for help with almost everything. Neglect often leaves nursing home residents unfed, unbathed, and unmedicated. They may develop bed sores and infections or suffer other complications because of the lack of routine care for chronic medical conditions.
Neglect usually occurs when the nursing home administration fails to adequately staff the facility based on the number and needs of their residents. Neglect may occur because of:
- Budget concerns leading to untrained staff handling nursing care
- Chronic issues with staff retention
- Lack of supervision for staff
When looking for signs of abuse and neglect, many people may not consider emotional abuse since it does not cause any physical harm to the resident. However, it causes mental anguish, suffering, and emotional harm. Emotional abusers may also engage in physical, sexual, or financial abuse. Emotional abuse often includes:
- Threats and harassment
- Humiliation and embarrassment
Sexual abuse covers a vast array of actions. This may include:
- Inappropriate comments
- Unnecessary nudity
- Unwanted touching or fondling
- Unwanted sexual activity
Financial abuse commonly includes:
- Stealing cash from the senior’s room
- Stealing valuables to pawn, sell, or keep
- Using the senior’s credit card or checks to buy things for themselves
- The nursing home or caregiver billing for services the senior does not receive
- Forcing, coercing, or tricking the senior to change his or her will
Watch for Signs of Albuquerque Nursing Home Abuse
As a vital part of keeping your loved one safe, you should keep an eye out for signs of abuse and document anything you see that may point to neglect or abuse. This can play a crucial role in proving your case later.
While it is true that falls are common among nursing home residents and many may suffer minor bumps and bruises regularly, watching for a pattern of abuse is essential to ensuring your loved one’s health and safety. This may include:
- Unexplained injuries such as bruises, cuts, and burns
- Broken bones with no known cause
- An unexplained change in alertness, usually becoming less alert
- A sudden personality change unrelated to a medical condition
- Bruises or other signs of sexual abuse around the breasts and genitals
- Fear or avoidance of a particular person
- Chronic and untreated bedsores
- Soiled clothes or sheets, and other hygiene issues
- Skipped medication or use of too much medication
- Missing cash or valuable assets
- Unauthorized use of checks, bank cards, or credit cards
- A sudden change to a will or other estate planning document
If you notice one or more of these signs of abuse and neglect, we encourage you to document them then bring them to the attention of the nursing home administration. If they cannot give you a satisfactory answer, call 911 to get your loved one out of immediate danger or file a complaint in a non-emergency situation.
Talk to Nursing Home Abuse Lawyer in Albuquerque About Your Case
If you believe a loved one suffered physical or emotional injuries or financial losses because of abuse or neglect in an Albuquerque nursing home, we urge you to get serious – Ron Bell Injury Lawyers serious. We offer free consultations to help you understand your options for holding the person and facility that hurt your loved one accountable for their actions.
Call us today at 505-898-2355 to discuss your family member’s situation with a member of our team.
What is the definition of long-term care?
When an individual’s capacity to execute basic self-care tasks, known as activities of daily living (ADLs) (such as washing, dressing, or eating), or instrumental activities of daily living (IADLs), is impaired by a chronic condition, trauma, or illness, they require long-term care (such as household chores, meal preparation, or managing money). Long-term care usually involves the most personal aspects of a person’s life, such as what and when they eat, personal hygiene, dressing, and toileting. Home activities such as meal preparation or telephone use are examples of less serious long-term care demands.
The oldest segment of our population, those aged 85 and up, is one of the fastest-growing groups of people that receive care. Receiving care in a nursing home or skilled nursing facility is much more common as people get older; in 2010, 13% of people aged 85 and over (13%) lived in a facility, compared to 1% of people aged 65 to 74.
Attorney for Nursing Home Abuse
Unfortunately, reports from reliable organizations such as the National Council on Aging, which claims that over 10% of all people 60 and older have suffered some type of nursing home abuse, the majority of which occurs in nursing homes and long-term care facilities, are alarming.
If you suspect a loved one or someone you know has been abused in a nursing home, contact an experienced and dedicated team of nursing home abuse lawyers right now. Personal injury lawyers can assist you in protecting a loved one from harm.
Contact a Nursing Home Abuse Lawyer Today!
Any claim of nursing home abuse or neglect is a serious matter that should be handled by a nursing home abuse lawyer.
You and your family deserve to live in a clean, safe, and nurturing environment. If a nursing home facility takes advantage of, neglects or abuses a senior, the victim, and their family may be eligible for compensation.
Ron Bell Personal Injury Lawyers are in the vanguard of the fight to keep older people safe from ailments like bedsores, dehydration, malnutrition, infections, and falls. Each elder abuse and neglect case is pursued with zeal and a strong sense of personal connection by our team of aggressive nursing home litigators and trial lawyers. To schedule a free consultation, please contact us immediately. We’ll even come to your house or hospital if necessary. We take pride in constantly battling to bring all perpetrators of elder abuse and neglect to justice.
According to the National Council on Aging, approximately half of all nursing home patients are subjected to some type of abuse or neglect. In the last few years, about half of all skilled nursing institutions in the United States have been fined for violating nursing home care rules. With a growing elderly population, more people are being abused and neglected than ever before. If a family member or loved one has been neglected in a nursing home, contact the New Mexico nursing home neglect lawyer right away for assistance.
Abuse and neglect in nursing homes can occur in a variety of ways. Nursing home abuse is typically defined as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with physical harm, pain, or mental suffering as a result. It is also defined as the deprivation of commodities or services by a care custodian in order to cause bodily injury or mental distress.
Nursing home abuse is:
- failure to assist with personal hygiene or the provision of food, clothing, or shelter
- failure to provide medical care for physical and/or mental health needs
- failure to protect from health and safety hazards
- failure to prevent malnutrition or dehydration
The majority of issues that nursing home patients face have one common denominator; understaffing. Staffing issues are caused not only by insufficient or short staffing but also by nurses and other caregivers providing care in areas where they are not properly trained or qualified. Understaffing is a hallmark of elder neglect, and if your loved one has suffered as a result, you should call a nursing home neglect attorney.
Decubitus ulcers or pressure sores, falls, dehydration and malnutrition, and infection transmission are all prevalent problems among the elderly. In some circumstances, nursing home mistreatment might result in amputations that could have been avoided. Due to a lack of sufficient monitoring and care, many people suffer from avoidable falls that result in bruising, broken bones, and other serious injuries. Patients and residents are frequently denied their dignity rights when they are subjected to unhygienic circumstances, for example. Unfortunately, some examples of widespread neglect and abuse result in a resident’s death, which can lead to a wrongful death lawsuit.
Your loved ones are entitled to protection against abuse and neglect. Ron Bell Injury Lawyers, a New Mexico nursing home negligence law firm, believes that nursing homes caring for our loved ones should be held to a high standard of care. It is the job of the nursing home and trained medical staff to offer you and your loved ones with the finest possible care.
COMMON SIGNS OF ABUSE AND NEGLECT
- Untimely Death
- Incontinence Issues
- Errors in Medication
- Disorders of the Mind
- Abuse of the body
Learn more from our blog: Protect Your Loved Ones: Watch Out for These 3 Signs of Elder Abuse
Nursing Home Abuse Law is a complicated topic.
New Mexico has taken significant steps to safeguard the elderly from mistreatment in nursing homes. Abuse of the elderly may be both a civil and criminal violation in New Mexico. Nursing home abuse charges can result in penalties and jail if found guilty.
Nursing Home Abuse Cases: Criminal vs. Civil
Elder abuse can be prosecuted in New Mexico either through the criminal justice system or through civil courts. The following are the distinctions between criminal and civil charges in a nursing facility or elder abuse case.
Depending on the age of the victim and the intensity of the abuse, elder abuse can result in a variety of penalties. Fines and imprisonment may be imposed for elder abuse.
Anyone who inadvertently or intentionally causes harm or death to a dependent adult or the elderly is subject to penalties and imprisonment.
If you are caring for an elderly person and you choose to abuse or disregard their needs, you may be breaking federal and state laws. You may face criminal and civil penalties.
The distinction between a civil and a criminal matter is self-evident. An experienced attorney with experience in nursing home abuse handles civil matters. Typically, the family employs an attorney and files a lawsuit against the nursing home. Abuse that is more violent is dealt with in criminal courts. Families have very little, if any, control over these situations, which are punished under a rigorous penal statute.
If you believe that nursing home staff members have abused you or your family members contact us today for a free legal case review. The experienced legal team members at Ron Bell Injury Lawyers are trained to review your nursing home abuse case. Fill out the contact form or call us at 505-898-2355 for your free case review.
Elder Abuse Defined
Nursing home abuse is illegal in New Mexico, according to Title 7, Chapter 9 of the New Mexico Administrative Code. The agency responsible for this specific NMAC enforcement is the NM Department of Health. Civil and criminal laws protect those who are most vulnerable. These rules prohibit not just physical or mental abuse, but also neglect or lack of care for the elderly. Abuse can be classified as psychological, physical, financial, neglect, isolation, abandonment, or sexual assault. All adults are protected by the law.
You can report nursing home abuse.
Call 911 if a loved one is in immediate danger in a nursing facility. Report the event to authorities by calling your local non-emergency number if the abuse does not require immediate treatment.
What happens now that you’ve reported the abuse or neglect? Finding a law firm that specializes in nursing home abuse cases or has an attorney with experience specializing in nursing home abuse cases is critical.
Please report any suspicions of abuse and seek legal help immediately to ensure your loved one and other residents are never subjected to abuse or neglect again. Here is where you should begin your legal case review.
If older persons are socially separated from their loved ones, they are more vulnerable to abuse and neglect. As a result, residents of long-term care facilities are more likely to be neglected.
Families of nursing home patients may be entitled to sue if their loved ones are neglected.
When Is It Time to File a Negligence Lawsuit Against a Nursing Home?
The procedure of filing a negligence lawsuit against a nursing facility should begin as soon as feasible. If you want to launch a nursing home negligence claim, the first step is to contact a lawyer. The lawyers at Ron Bell Injury Lawyers can assist you in filing a complaint against the institution or its employees.
This complaint is a legal document that contains a lot of information, such as:
An explanation of the victim’s injuries
Facts about the occurrences of neglect that are relevant
The names of the parties involved
It may also help others avoid being neglected in the future. Nursing facilities that have been sued may alter their policies in order to improve the quality of treatment and avoid more litigation.
However, if you wait too long after the neglect occurs, you may not be able to pursue legal action. Statutes of limitations prohibit lawsuits from being launched after a specified period of time has passed. Personal injury attorneys can assist you in meeting these deadlines.
If you believe that nursing home staff members have abused you or your family members contact us today for a free legal case review. The experienced legal staff at Ron Bell Injury Lawyers are trained to review your nursing home abuse case. Fill out the contact form or call us at 505-898-2355 for your free case review.
(We actively serve nursing home abuse victims in Albuquerque, Las Cruces, Santa Fe, and the entire state of New Mexico.)
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Taking Good Care of Our Neighbors
Our mission as personal injury attorneys is to represent injured people, but we don’t want you to think of us as just that: personal injury attorneys. Our team members are part of the community.
We live and work here, and it’s the place we call home. We live in the same neighborhoods as you, and we want to make sure that our neighbors and friends are well taken care of as well.
Our practice is located in Albuquerque, New Mexico. We have a growing team of attorneys and staff members, including case coordinators, investigators, and paralegals, and we handle cases of all sizes.
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