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Common Questions About Nursing Home Neglect And Abuse

When you are concerned about a loved one in a nursing home or long-term care facility, it is important to be observant and proactive. We at Berenson & Associates, PC, in Albuquerque have years of experience compassionately handling nursing home abuse and neglect cases for clients across the state. Our lawyers strive to help you understand your rights, protect your loved one and obtain compensation for any losses suffered.

Please read through the frequently asked questions and their answers below to learn more about nursing home cases. To schedule a no-cost consultation with a member of our firm, call us at 505-227-8315 or contact us online now.

What is nursing home abuse?

Nursing home abuse is defined as physical, emotional and mental injury or harm to patients in long-term care facilities and nursing homes resulting from caregivers’ intentional acts.

What is nursing home neglect?

Neglect in nursing homes typically causes physical, emotional and mental injuries that are similar to those due to abuse. However, 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 do for me?

Having a lawyer on your side in a nursing home neglect and abuse case can ensure that all aspects of the case are investigated and 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 ensures that your rights will be protected and the case will be thoroughly litigated.

How much will it cost to litigate a nursing home case?

Nursing home cases are generally handled on a contingency fee basis. This means that you do not pay to retain the attorney, but they would be owed a portion of the monetary recovery if one was obtained. Costs may need to be paid throughout the case before a settlement is obtained, and you would be responsible for those. It is important to discuss your lawyer’s specific fee arrangement upfront to understand your obligations.

What can I do if I suspect nursing home abuse or neglect?

It is important to be vigilant when visiting a loved one in a nursing home. If you see any signs of abuse or neglect, you have the right to question the staff about what is going on. Also, talk to your loved one about the situation. Make notes or take photos if you see anything of concern. If abuse and neglect are obvious and continuing danger is likely, call the police.

Report the abuse to your local protective authorities. You can call the National Center on Elder Abuse at 800-677-1116 to learn who your state’s contact is. Finally, talk to a lawyer to understand your legal rights and seek justice and an end to the abuse or neglect.

If my loved one has passed away, can I still file a nursing home lawsuit?

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 lawsuit. This would be handled as a wrongful death lawsuit, as the death occurred wrongfully due to the individual’s intentional abuse or neglect.

How do I find a good nursing home in Albuquerque?

Finding the right nursing home for your loved one may take time. Our firm can provide resources, and many online resources can point you in the right direction as well. 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.