Albuquerque Nursing Home Abuse Lawyer
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Home » Albuquerque Personal Injury Lawyer » Albuquerque Nursing Home Abuse Lawyer
When you make the difficult decision to move a loved one into a nursing home, you expect them to receive quality care and be safe from harm. Unfortunately, nursing home abuse and neglect are all too common, devastating the victims and families who have put their trust in these facilities.
Our Albuquerque nursing home abuse lawyers take these cases very seriously and work hard every day to give a voice to people who can’t defend themselves. Our clients are family. We provide each client with the personalized attention they deserve and unrivaled representation in and out of the courtroom.
If you or your loved one has suffered from nursing home abuse, contact our experienced attorneys today at (505) 498-1111.
Table of Contents
- Our Experienced Nursing Home Abuse Lawyers Are Here To Help
- Nursing Home Abuse Cases Our Firm Handles
- Who Can Be Held Liable for an Albuquerque Nursing Home Abuse Case?
- What To Expect From the Nursing Home Abuse Lawsuit Process
- Compensation Available To Nursing Home Abuse Victims
- Let Us Tell Your Story—Contact Us For a Free Case Evaluation
- Albuquerque Nursing Home Abuse FAQs
Our Experienced Nursing Home Abuse Lawyers Are Here To Help
Our nursing home abuse lawyers in Albuquerque have a long record of success advocating for people abused or neglected in nursing homes, achieving a 99.6 percent success rate. We always put our clients first. Abuse victims are not case numbers. They are people who deserve our full support and top-notch legal representation.
We are trusted community members because we hold those who hurt others accountable and fight for every penny of compensation our clients deserve. Insurance companies and defendants’ attorneys who mistake our kindness and compassion for weakness make a big mistake. Our Albuquerque nursing home abuse attorneys are committed to going the extra mile for you and your loved one. We will travel to your home or a medical facility or meet online if that best suits you.
At Olson Personal Injury Lawyers, we always work as a team and think outside the box to create personalized representation for every client. You can expect the same unwavering commitment to client service and dedication to winning compensation in settlement negotiations or court. We are proud of the over 280 5-star reviews and client testimonials we’ve received, which praise our hard work and compassion.
“Olson Personal Injury Lawyers worked hard and effortlessly for my situation. Sean Olson and his team are the best, hands down. They answered all my questions, concerns, and fears and showed nothing but compassion about my situation.”
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Nursing Home Abuse Cases Our Firm Handles
Under federal law, nursing homes that accept Medicare and Medicaid must meet certain federal standards in the care they provide. Nursing homes in Albuquerque and throughout New Mexico must also comply with state laws and regulations, including the New Mexico Adult Protective Services Act.
Unfortunately, nursing home abuse and neglect still occur at Albuquerque facilities, taking many forms. We help victims no matter the circumstances. Our nursing home physical abuse attorneys in Alburquerque handle abuse cases such as the following:
- Physical abuse: Punching, kicking, slapping, or otherwise hitting victims can lead to pain and injuries. The improper use of restraints can also result in bodily harm, as can forcing residents to move without proper support.
- Emotional and psychological abuse: You may notice anxiety, depression, or other emotional distress in your loved one. Such harm might result from harassment, intimidation, threats, or other verbal abuse.
- Sexual abuse: Non-consensual sexual contact of any kind is sexual abuse. This could include unwanted touching or kissing, sexual assault, taking explicit pictures or videos, or coerced nudity.
- Financial exploitation: Taking financial advantage of people in nursing homes may violate state and federal adult financial exploitation laws. It includes stealing, fraud, identity theft, and manipulating residents to turn over money or valuables.
- General neglect: Any action or inaction that leads to a failure to meet basic needs may be neglect. Examples include a lack of activities and failure to remove room hazards.
- Medication errors: Administering the wrong medication or dosage can amount to negligence. Intentionally medicating residents without consent is an extreme form of medication abuse.
- Inadequate supervision: Lack of proper supervision can lead to physical harm, such as falls that can cause serious injury and death. Understaffing often leads to inadequate supervision.
- Malnutrition and dehydration: New Mexico’s nursing home regulations and federal food and nutrition services laws for nursing homes impose strict guidelines regarding meal timing, nutritional value, and other rules. Each also requires adequate water to prevent dehydration.
- Unsanitary conditions: Nursing homes must maintain clean rooms and common areas. Failure to sanitize properly can spread germs and disease, resulting in infections and illness.
Some cases include multiple types of abuse and neglect. Our skilled Albuquerque personal injury lawyers can advise you of your case type and legal options.
Who Can Be Held Liable for an Albuquerque Nursing Home Abuse Case?
Multiple parties may hold fault in a nursing home abuse case. More often than not, that includes the facility for allowing the abuse or neglect to happen. Potentially liable parties may include:
- Individual staff members who directly participated in abuse or neglect
- Nursing home facilities for failing to screen, train, or supervise staff, understaffing that makes abuse possible, keeping unsafe premises, or not addressing hazardous conditions
- Third-party contractors, if they employ maintenance, security, food service, or other staff who abuse or neglect those in nursing homes
- Administrators and supervisors who failed to act on or report abuse in the facility
- Medical providers, if any doctors, nurses, or medical professionals engaged in malpractice or abuse in the facility
- Other residents who abused or neglected you or your loved one
New Mexico and federal nursing home regulations are complex, and you need an attorney with significant experience in abuse cases to determine liability. Every case is different and may involve multiple parties. Our Albuquerque nursing home abuse attorneys will collect solid evidence to identify who is responsible and fight to hold them accountable.
The abuse or neglect of nursing home residents is a heartbreaking violation of trust. If your loved one has suffered harm, it’s vital to act quickly to protect them and hold the facility accountable. Our experienced attorneys are here to help you seek justice.
What To Expect From the Nursing Home Abuse Lawsuit Process
Our nursing home abuse attorneys in Albuquerque take a people-centric approach to every case. Your case is personal to us—we treat each one as if it were our own. That’s how important we think your case is. Therefore, we’ll handle all legal details, allowing you to focus on your loved one.
You can expect our experienced, skilled lawyers to do the following:
- Initial consultation and case evaluation: There are no upfront costs to have our accomplished attorneys review your claim.
- Investigation and evidence gathering: Sometimes, the facility holds vital evidence, such as security footage and nursing and medication logs, that can be difficult to secure on your own.
- Establishing fault: Based on the evidence, our Albuquerque nursing home abuse lawyers can identify the liable party and seek accountability.
- Negotiating with insurance companies: Most nursing home facilities have comprehensive insurance policies and will likely refuse to accept blame. We will not back down in our fight for fair compensation.
- Litigating your case and going to trial if necessary: Our highly skilled trial attorneys will fight for you in court if your case doesn’t settle.
You need more than a lawyer who says they can get results. You need one who truly cares about you and getting justice. Our founder, Sean Olson, and every member of our award-winning Olson Personal Injury Lawyers team adhere to a client-first approach that has produced significant positive case outcomes.
Compensation Available To Nursing Home Abuse Victims
In an Albuquerque nursing home abuse claim, you can pursue economic, non-economic, and, in rare cases, punitive damages. Economic damages compensate you for financial losses, such as medical bills, rehabilitation costs, and stolen property. Non-economic damages cover the more subjective impacts of the abuse on the resident’s life, including pain and suffering, emotional distress, and loss of enjoyment of life.
You may also pursue additional damages such as funeral and burial costs and loss benefits in a wrongful death claim related to nursing home abuse.
In New Mexico, punitive damages are reserved for extreme cases when a defendant acted recklessly with a wanton disregard for the plaintiff’s rights. If there is a history of similar abuse and neglect, punitive damages might be warranted.
Compensation varies depending on factors such as the severity of injuries, length of the neglect or abuse, and other factors. Once we hear the details of your case, we can start to determine your damages.
Let Us Tell Your Story—Contact Us For a Free Case Evaluation
When your loved one is abused or neglected in a nursing home, you need an attorney with the legal knowledge, communication skills, and client-first approach to seek damages effectively. Our Albuquerque nursing home abuse lawyers have significant experience and a record of success you can trust during a difficult time.
When you need us, we are here, even after you receive your settlement. Call our compassionate, committed team at 505-498-1111 or complete our online request form for a free consultation.
Albuquerque Nursing Home Abuse FAQs
The time after discovering that your loved one has suffered from abuse in a nursing home can be frightening and confusing. These questions and answers from our accomplished Alburquerque nursing home attorneys can guide you. Contact us regarding additional questions or concerns.
Who Can File a Nursing Home Abuse Lawsuit in Albuquerque?
More often than not, a loved one, such as a spouse, children, or siblings, pursues a lawsuit on behalf of the victim. In the case of an incapacitated resident, a legal guardian may file a claim. In a wrongful death case, the deceased’s personal representative can pursue damages for certain family members. State agencies, such as the New Mexico Health Care Authority, might also pursue legal action for the victim.
How Long Do I Have to File a Nursing Home Abuse Claim in Albuquerque?
In New Mexico, the personal injury statute of limitations gives you three years from an injury or discovery of abuse to file a lawsuit. You must file a wrongful death lawsuit within three years of death. If you do not file your claim on time, you will likely lose your right to pursue compensation. Contact our nursing home abuse attorneys in Albuquerque quickly so we can start building your claim.
How Common Are Nursing Home Abuse Cases in Albuquerque?
Data regarding Albuquerque specifically is lacking, but several nursing homes in New Mexico have been the subject of abuse reports and have seen 50 percent nurse turnover. Such drastic turnover typically leads to understaffing—a leading root cause of abuse and neglect.
Inspections have revealed several nursing homes with multiple deficiencies relating to failure to meet care requirements, including those related to spreading infections. For instance, a July 2024 Albuquerque nursing home inspection revealed 48 deficiencies in care, including failure to protect residents from abuse.
What Should I Do if I Suspect Nursing Home Abuse?
The priority is the immediate safety of your loved one. Ensure your loved one gets the necessary medical care or physical and mental health examinations they need. Document evidence, such as photos, videos, witness testimonies, notes, and medical records. Report the nursing home abuse to the facility and the authorities. You can report to New Mexico Adult Protective Services and contact our experienced nursing home abuse lawyers to pursue justice for your loved ones.
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