Albuquerque Nursing Home Abuse Lawyer

Nursing Home Abuse Attorney in Albuquerque, NM

The decision to have a loved one move to a nursing home or other care facility is not easy to make. When you do choose to make this transition, you are putting your trust in the facility and staff members to treat the resident with dignity while also providing them with the health and safety supports they need. Unfortunately, this does not always happen. If you or a loved one is experiencing abusive treatment, an Albuquerque nursing home abuse lawyer can help.

Work With a Compassionate Albuquerque Nursing Home Abuse Attorney

Because New Mexico nursing home residents are dependent on the care and treatment they receive, it can feel like a major betrayal when those vulnerable people suffer due to neglect or abuse by those entrusted with their well-being. The lawyers at the Albuquerque personal injury firm of Berenson & Associates, PC, work with families whose loved ones have been victimized by nursing home neglect and abuse.

Berenson & Associates, PC, has over 25 years of experience handling complex personal injury cases, such as those involving nursing home abuse and neglect. We work diligently to understand your specific case, as every nursing home case involves unique forms of negligence and specific types of damages.

An Overview of Nursing Home Abuse

Uncovering nursing home abuse or neglect can be difficult. The victim may not be able to express themselves well enough to communicate their suffering. Additionally, legitimate allegations made by those suffering from Alzheimer’s disease or other types of dementia might be ignored or minimized due to their serious medical conditions. Neglect or abuse in a nursing home can take many forms, including:

• Administering incorrect medication or incorrect dosage of a prescribed medication
• Failing to prevent a patient from developing pressure ulcers, also known as bedsores
• Using excessive force to restrain an uncooperative patient
• Improperly safeguarding a patient from falling
• Not ensuring sanitary conditions
• Allowing patients with dementia to be unsupervised, causing harm to themselves or others
• Emotional or physical abuse from caretakers

Nursing home abuse victims can suffer a range of physical, mental and emotional injuries at the hands of substandard caregivers. Injuries resulting from nursing home abuse include:

• Unexplained bruises, marks or broken bones
• Bedsores, especially those involving deep tissue or bone
• A sudden and unexplained fear of physical touching
• Poor hygiene and soiled clothing or bedding
• Unreasonable use of restraints
• Overmedication or high levels of sedation
• Signs of malnutrition or dehydration
• Several injuries all at different stages of healing

These are just some examples that might apply to your situation. Because some elderly patients undergo behavioral changes or periods of unrest, be on the alert for any sudden and unexplained shifts in behavior. Abuse can be particularly difficult to identify when the victim suffers from a degenerative cognitive condition.

Medication Errors: Preventable Incidents in Nursing Homes

Medication errors are one of the most common forms of nursing home abuse cases we handle at Berenson & Associates, PC. Medication errors are preventable medication events that occur when the medication is in the control of either a health care professional or a patient and may cause or lead to patient harm or inappropriate use. Errors in nursing homes often stem from negligent staff and practices.

Medication errors in nursing homes can occur when:

• A doctor prescribes the wrong medication or an unacceptable dosage amount.
• A pharmacist or a doctor either forgets about or does not ask a patient about any medication allergies, and the prescribed medication causes an allergic reaction.
• A doctor fails to review a patient’s complete medical history, and the prescribed medication interacts negatively with other drugs taken by the patient.
• A nurse or caregiver administers the wrong medication, the incorrect dosage, or uses the wrong administration method
• The nursing home pharmacy mislabels a patient’s medication.
• The nursing home pharmacy provides the wrong medication to either the patient directly or the caregiver in charge of administering the medication to the patient.
• The problems caused by medication errors compound when nursing home staff fail to diagnose the issue or administer immediate medical treatment.

Nursing Home Falls Have Devastating Consequences

Older adults are already at a higher risk for a fall, making falls another top reason for abuse cases. On average, half of nursing home residents fall annually. One in 10 nursing home fall victims suffers serious injuries, including traumatic brain injuries, hip fractures, and internal bleeding. In many cases, falls in nursing homes could be prevented by having appropriate care, supervision, and equipment.

Residents may suffer a fall when the nursing home:

• Fails to provide sturdy handrails in hallways, rooms and bathroom areas
• Fails to use safe handling procedures for transferring patients
• Uses inadequate lighting in hallways and rooms
• Has uneven, slippery or wet floors
• Uses unstable furniture
• Commits a medication error or uses chemical restraints, causing a loss of balance
• Fails to consistently supervise patients

Often, nursing home falls go unreported, so family members may not even be aware of the accident until well after the incident occurred. If you see unexplained bruises or other bodily injuries, your loved one may have fallen.

The Resident’s Bill of Rights in New Mexico’s Nursing Home Abuse Laws

Multiple nursing home abuse laws protect New Mexico residents against unlawful behavior, such as the Federal Nursing Home Reform Act of 1987 or the New Mexico Continuing Care Act.

These acts define specific rights that nursing home residents have, and outline minimum requirements or expectations for nursing homes. These rights exist regardless of what facility you are in, such as MorningStar Senior Living, Advanced Healthcare of Albuquerque, or another facility. Some key rights that are often involved in a nursing home abuse case include:

• The right to be free from abuse and neglect
• The right to live in a safe and clean facility
• The right to make your own medical decisions
• The right not to be restrained through physical or chemical restraints
• The right to have a written description of your legal responsibilities and rights

Nursing home abuse and neglect are violations of a resident’s rights. Filing a claim can help you pursue justice after these rights were violated.

Spotting the Warning Signs of Nursing Home Abuse in Albuquerque

As they age and become frail, our loved ones are less likely to resist or fight back when verbally or physically attacked. Any loss of vision, hearing, or mental capabilities contributes to their vulnerability, making it easier for others to take advantage of them. Unfortunately, signs of abuse may be ignored if they overlap with symptoms of mental deterioration. If you notice any of the following, it could be cause for concern:

• Unexplained welts, fractures or sprains
• Wounds in various stages of healing
• Signs of restraint, such as bruised wrists
• A sudden aversion to physical contact
• Bedsores
• Poor hygiene
• Soiled or unsafe living conditions
• Dehydration or malnutrition
• Evidence of chemical restraint
• Sudden agitation or emotional withdrawal

Subtle indications of abuse can be harder to identify if you see your loved one infrequently. An abuse victim may also be reluctant to admit to abuse when questioned. If you suspect nursing home staff of abuse or neglect, our attorneys can help you protect your loved one from further harm.

What To Do If You Suspect Nursing Home Abuse Or Nursing Home Neglect in Albuquerque?

• If you suspect abuse, talk to your loved one about your concerns. Take note that your loved one may be reluctant to admit to the abuse. The abuse victim may fear retribution from the abuser or dread moving to a new facility. Also, victims who suffer from a degenerative disease may not be mentally cognizant enough to recognize the abuse.
• If you are not allowed to visit your loved one during normal visiting hours or a staff member insists on being present during your visit, voice your concerns with the manager or a supervisor. Unless you believe your loved one is in imminent danger, it is typically recommended to confront the care facility’s administration before attempting to take legal action. You can also report suspected abuse to the New Mexico Adult Protective Services division. Supplying photos of any injuries or written statements from the victim or witnesses can help support your claim. Speaking with a lawyer can also help you identify your next steps. Give us a call at 505-243-4400.

What to Know About Filing a Claim in a Nursing Home Abuse Case?

Most nursing home abuse claims are filed against the company that owns the facility, the administrative staff, or the caregivers who were directly responsible for a resident’s care. Liability depends on exactly how the harm occurred and who was involved. An Albuquerque nursing home abuse attorney can explain who a claim should be filed against based on which party’s negligent actions led to the harm.

When it comes to who has the authority to file a nursing home abuse claim, there are several options. Often, they are filed either by the resident themselves, a court-appointed guardian, or an individual with Power of Attorney. If the resident passed away, the personal representative of their estate typically has the authority to file a claim.

New Mexico has a strict statute of limitations for nursing home abuse. These claims must be filed within three years of the abuse. Missing this deadline could threaten your ability to file a claim and recover compensation.

Compensation Available in a Nursing Home Abuse Case

A nursing home abuse claim can help residents and their loved ones recover compensation for the abusive treatment. While no amount of money can undo the suffering and pain of this experience, it can reduce the financial impact of nursing home abuse while holding the facility accountable for its actions.

Every case is unique, with the available damages depending on the type of abuse, the extent of the damages, and the long-term impact the abuse has had on the resident and family members. An Albuquerque nursing home abuse lawyer can help you analyze your damages and determine what losses can be included in your claim.

Some of the most common types of damages compensation that can be covered include:

• Medical expenses related to the abuse, such as hospitalization, rehabilitation, medication, and ongoing treatment
• Physical pain and suffering
• Emotional distress
• Loss of dignity
• Financial losses caused by fraud or mismanagement of finances

FAQs

What Is the Difference Between Nursing Home Abuse and Neglect?

Both nursing home abuse and neglect involve physical, emotional, or mental harm to a resident in a nursing home. However, abuse involves harm resulting from caregivers’ intentional acts, while neglect results from caregivers breaching their duty or failing to properly care for a resident in a nursing home or other long-term residential facility.

What Is a Bedsore?

A bedsore is a type of wound or sore caused by the pressure of one’s body lying in bed or in one position for too long. Bedsores begin to develop within several hours of maintaining one position, but worsen over days and become infected very easily. This is just one of many types of injuries that can occur in a nursing home.

What Can a Nursing Home Abuse Attorney in Albuquerque Do for Me?

Having a lawyer on your side in a nursing home neglect and abuse case can help you verify that all aspects of the case are investigated and that caregivers, as well as the larger long-term care facility, are held responsible for the injuries to or death of your loved one. These can be complex cases and difficult to handle on your own. Having an attorney also makes sure that your rights are protected.

If My Loved One Has Passed Away, Can I Still File a Nursing Home Claim?

If your loved one died in a long-term care facility or nursing home due to neglect or abuse, you most certainly could still file a claim. This would be handled as a wrongful death claim, as the death occurred wrongfully due to the individual’s intentional abuse or neglect. A wrongful death claim involving nursing home abuse or neglect must be filed within three years of the date of death.

How Do I Find a Good Nursing Home in Albuquerque?

Finding the right nursing home for your loved one may take time. Once you have found a few prospective facilities, you should review all online information about the facility, including any reviews; tour the facility; ask questions of the staff; investigate the background of the facility; and more. Being as thorough as possible can put your mind at ease when placing a loved one in someone else’s care.

Our Nursing Home Abuse Attorneys Can Help Advocate for Your Loved One

No one deserves to suffer abuse or neglect in a nursing home. To fully understand the impact of nursing home abuse and neglect, and what options might be available to you and your family, contact the trusted attorneys of Berenson & Associates today at 505-243-4400 to schedule a complimentary consultation. You can also send us an email with your contact information.