The decision to place a senior loved one in a nursing home is never easy. Discovering that your family member has been neglected or abused by those entrusted with their care can evoke deep feelings of anger and betrayal. To seek justice and hold the responsible parties accountable, you can reach out to a Santa Fe nursing home abuse lawyer.
The Santa Fe personal injury lawyers at Berenson & Associates, PC, understand how emotionally difficult it can be to learn that your loved one was abused or neglected. When seeking justice, the civil courts can offer a powerful tool. We have helped many clients receive the compensation that they deserve after they discover that their loved one was a victim of nursing home abuse.
Our law firm understands how devastating it can be for family members to learn that their senior loved one was abused or neglected by the very people who were entrusted to care for your loved one. Although we cannot undo that damage, we can take steps to hold the at-fault party accountable for their misconduct.
Successful legal action can also prevent future incidents of abuse or neglect at the nursing home. Our founding attorney has more than 25 years of experience helping clients seek and receive compensation from a nursing home following findings of elder abuse. We have an intimate knowledge of the state’s personal injury laws and use that knowledge to help our clients recover from emotionally traumatic ordeals.
Unfortunately, it is not uncommon to find that many Americans have experienced some form of elder abuse. Recognizing the types of elder abuse and the signs of elder abuse is crucial for anyone with a senior loved one in a nursing home. One of the most common types of abuse is physical abuse, which includes hitting, slapping, or restraining a resident inappropriately.
Signs of physical abuse could include bruises or frequent hospital visits. More severe types of injury are possible. Seniors should never be forcibly restrained, but it can happen at nursing homes. If you see signs that straps or ropes were used on your loved one, bring the concerns directly to the care facility’s leadership and contact an attorney.
Emotional abuse can also be very harmful, and seniors are less likely to report those forms of abuse than victims living outside a nursing home setting. You may notice your loved one’s behavior or mood suddenly change. Psychological abuse could involve threats made by nursing home staff.
Over time, victims of emotional abuse can develop symptoms of anxiety, depression, or withdrawal from social interactions. Another sign is if they become reluctant to interact with caregivers.
Neglect is another prevalent issue in nursing homes and occurs when caregivers fail to meet a resident’s basic needs, such as proper hygiene, adequate nutrition, or necessary medical care. Bed sores are a common sign of neglect, along with malnutrition, untreated medical conditions, or a general lack of cleanliness in the loved one’s living environment.
Having an attorney can greatly improve the chances that you are successful in receiving fair compensation for your injuries. Your lawyer can negotiate directly with the nursing home director or owner to reach terms on a favorable settlement agreement. When the nursing home or its insurance carrier fairly pays families for the harm that was caused, the matter can be settled.
In cases where the nursing home refuses to accept responsibility for the actions of its employees, your attorney can file a personal injury claim in court that seeks compensation for the physical and emotional harm done to your senior loved one. The courts rely on evidence to prove fault, and your attorney can show through a preponderance of evidence that the injuries sustained by your senior loved one were caused by the nursing home staff.
A: The five types of abuse in nursing homes include physical abuse, emotional or psychological abuse, neglect, financial abuse, and sexual abuse. Each of these forms of mistreatment can cause significant harm to elderly residents, impacting their physical, emotional, and financial well-being.
A: In Santa Fe, New Mexico, you typically have three years from the date of the injury or discovery of the abuse to file a lawsuit against a nursing home for abuse or neglect. Failing to file within this statute of limitations may prevent you from pursuing legal action. If you have concerns about missing important legal deadlines, contact a personal injury attorney to make sure that you meet the statute of limitations for filing a personal injury claim on behalf of your senior loved one.
A: Medication errors in nursing homes often result from negligent staff and practices, leading to serious harm to seniors. Common errors include prescribing incorrect medications or dosages, failing to check for allergies, or overlooking potential interactions with other medications due to incomplete patient history reviews, causing dangerous reactions. These types of errors can lead to serious health problems for the senior resident.
A: In New Mexico, you can report nursing home abuse to Adult Protective Services (APS), the Long-Term Care Ombudsman, or the New Mexico Department of Health. Each agency has a hotline or website where reports of abuse and neglect can be filed to protect residents. Be prepared to provide a clear description of what you observed and when.
Dealing with the aftermath of finding out that your loved one was abused in a nursing home can be a stressful ordeal. You likely feel betrayed by the very people who were supposed to provide your senior loved one with a safe and protected environment.
With the help of Berenson & Associates, PC, you can hold the at-fault party accountable. Your family can be compensated for the harm to your loved one and the pain and suffering endured as a result of someone else’s negligence or abuse. The compensation your family receives can help your loved one find a new nursing home or a similar assisted living facility where they will feel safe. To schedule your consultation, contact our office today.
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