Albuquerque Nursing Home Abuse Lawyer

Healthcare for the elderly has generally drawn poor reviews from many sources. Until recently, the incentive for change rested solely upon an individual corporation’s ethics. The results have not always been encouraging. If you or someone you love has suffered from mistreatment in a community setting, seek counsel from an Albuquerque nursing home abuse lawyer to understand your legal rights and options under New Mexico law.

Albuquerque Nursing Home Abuse Attorney

At the Branch Law Firm, our Albuquerque nursing home abuse attorneys are committed to protecting the rights of the elderly and their families. After experiencing nursing home neglect or abuse, contact the Branch Law Firm today for a consultation with a New Mexico nursing home abuse lawyer. We can protect the rights of your loved one by using the state’s nursing home abuse laws.

Why Choose Our Albuquerque Nursing Home Abuse Lawyer?

Our law firm has several key qualities that can benefit you, including the following:

• We have recovered millions in compensation on behalf of injured residents of New Mexico. (That said, individual results will vary by the details of the case at hand.)
• We understand what a difficult time this is for you and your loved one, both emotionally and financially. We will not ask for any money upfront and will only get paid when you do.
• We are dedicated to serving our clients to the best of our ability with courtesy, compassion, and respect.

Elder Abuse Facts in New Mexico

In 2023, New Mexico’s 68 nursing homes housed nearly 5,200 residents, but only two of the nursing homes met the minimum staffing standard for registered nurses and certified nursing assistants for April, May, and June of 2023. When staffing shortages happen, abuse and neglect can often go unseen.

In our home state of New Mexico, a study has indicated the wide scope of abuse, which can be physical, emotional, sexual, or financial.

In 2025, 63 of the 68 nursing homes in New Mexico were cited for having infection-related deficiencies, with 31 of the nursing homes being cited for other types of serious deficiencies.

We find these numbers absolutely unacceptable. As litigators, we believe that we have a personal responsibility to family, the elderly, and our society as a whole to seek full compensation for those injured because of nursing home abuse or neglect.

How Does Nursing Home Abuse Occur and Who is Liable?

Nursing homes owe a responsibility, or strict duty of care to residents, and can be held accountable for any damages resulting from the following negligent acts:

• Failing to adequately staff nursing homes
• Failing to properly screen the hired staff members
• Inadequate training
• Falsely claiming to provide superior care, while cutting costs
• Cutting costs to the point that the care is inadequate
• Abusive verbal communications
• Abusive physical handling of the elderly
• Improper use of physical or chemical restraints
• Failing to provide adequate nutrition and fluids
• Medication errors
• Negligent security leading to attacks and/or theft of property
• Intentional abuse by staff members

There is no excuse for these types of harmful behavior. Nursing homes have an obligation to their residents to hire personnel who are qualified and properly trained. These individuals must provide the level of care required by law and expected by the public.

The moment you suspect that nursing home abuse is occurring, document any signs and incidents. Take photos of injuries or tangible warning signs, and gather any records you have access to that could indicate abuse, neglect, or financial exploitation.

Common Types of Nursing Home Abuse Seen in Albuquerque Care Facilities

Abuse can come in many forms. Perpetrators often use manipulation to make the victim feel confused about their reality, so it can be difficult to detect. Common forms of abuse in nursing homes include:

1. Physical abuse, such as rough handling, hitting, and improper restraint use
2. Emotional and psychological abuse, like threats, humiliation, and isolation
3. Sexual abuse, including any non-consensual contact, signs of bruising, or torn underclothes
4. Neglect, such as the victim developing bedsores from not being assisted with bed mobility, missed toileting, and unsafe or unhygienic living conditions
5. Financial exploitation, which may involve missing money or jewelry, or there may be coerced changes to personal financial accounts
6. Medication-related neglect or abuse, including overmedication, missed medication times, and ignoring adverse reactions to medications
7. Resident-to-resident harm caused by inadequate supervision

Signs of Abuse or Neglect

Do you believe that your loved one is suffering from negligent care in a nursing home? The following signs are often an indication:

• Persistent falls leading to fractures. Medical records should show evidence of this.
• Bad hygiene or unhygienic living conditions. This may indicate that your loved one isn’t getting adequate care they need, or the staff are intentionally avoiding caring for them.
• Decubitus ulcers, also known as bedsores or body sores. These are very common signs of abuse.
• Dehydration and malnutrition. These can endanger your loved one’s life if they go on too long.
• Sudden change in behavior. This can include your loved one becoming withdrawn or quiet, or they may become irritable and emotional. Aging affects everyone differently, but if their mood changes quickly and with seemingly no explanation, it may be a sign that they’re experiencing abuse. If they flinch at physical contact or seem afraid of staff members, this can be a sign that something is wrong.
• Inappropriate medical and/or nursing treatments. These can harm your elder or worsen any pre-existing conditions they have.
• The staff of the nursing home is not allowing you access to your loved one or their medical records. Legally, not everyone has access to their loved one’s medical records. However, if you do have that right and are told that you don’t, it may be indicative of staff trying to hide mistreatment. If they give vague reasons as to why you can’t see your loved one in person, it may be a sign of neglect or abuse that they’re trying to cover up.
• Unexplained bruises, welts, black eyes or broken bones. These are very obvious signs of violence. Contact the authorities if you see any of them.
• Open wounds or lacerations. Seek medical treatment for your loved one immediately. This would also call for contacting the authorities.

A nursing home should be monitoring the vitals of its patients. If you discover any of the above, contact the Branch Law Firm right away. Our Albuquerque nursing home abuse attorneys can conduct an investigation and provide an accurate assessment of your case.

Resident Rights and Care Standards That Nursing Homes Must Follow in New Mexico

Residents of nursing homes have rights tied to dignity, self-determination, and communication/access. Nursing homes must be free from abuse, neglect, and exploitation. New Mexico nursing homes must follow these rules:

1. There must be at least one charge nurse on duty at all times.
2. There is a 24-hour nursing staff coverage requirement.
3. Physical and chemical restraints generally require a physician’s written order.
4. Medications shouldn’t be started or stopped without a physician’s orders, and medication errors should be documented.

All licensed healthcare facilities in New Mexico are required to report abuse, neglect, or exploitation immediately to Adult Protective Services. They must also conduct their own investigations and thoroughly document every incident. The internal investigation must be completed within five business days. Facilities must keep records to show that investigations were completed and that reasonable measures were taken to protect consumers.

Proving Nursing Home Abuse

For the court to award damages or compensation for your loved one’s losses, there must be evidence that:

• The nursing home owed the resident a duty of care (care contract)
• The nursing home breached that duty by either doing something they shouldn’t have or failed to take action.
• As a result, the resident suffered harm.

Assuming there is evidence that can prove the abuse or neglect, the court may award damages to compensate the victim for their injuries. Those typically include physical and mental pain and suffering, emotional distress, and the cost of medical treatment. In cases involving egregious behavior, the court may award punitive damages as a form of punishment for the nursing home facility.

Evidence to Gather for Your Nursing Home Abuse Case

Courts rely on evidence to make their final decisions in personal injury and medical malpractice cases. If you only have one type of evidence, or very little of it, it can be difficult to prove what happened. Your lawyer can collect and preserve:

• Testimony from anyone who witnessed the abuse happening (Your attorney may contact witnesses quickly after the incident, as memories of traumatic events tend to alter quickly.)
• Testimony from professionals in similar fields who can explain what may have caused your loved one’s injuries
• Surveillance footage that caught the incident on tape (This will need to be collected quickly, as footage tends to be erased after a certain period of time.)
• Photos and videos of your loved one’s visible injuries
• Photos and videos of the condition your loved one was living in
• Copies of any incident reports and internal investigations
• Documentation of your loved one’s financial losses, such as their medical bills since the abuse
• A written, detailed timeline of events and resulting losses
• Photos and videos of your loved one’s clothing and bedding
• Photos and videos of the facility’s living conditions
• Copies of your loved one’s medical records and the doctor’s notes
• Documentation of your loved one’s emotional losses, such as notes from a mental health professional or testimony from family about their mental state since the abuse
• Any other proof that can provide clarity to the court about what happened to your loved one

It’s important to act quickly after you first notice signs of abuse. The longer you wait, the harder it may be to prove what happened to your loved one.

What Is the Statute of Limitations for Nursing Home Abuse?

If you’ve discovered that your loved one has been enduring abuse, negligence, and carelessness at their nursing home, you typically have a limited amount of time to pursue compensation for justice. Under New Mexico law, you are entitled to bring a case within three years of the date the injury was discovered or reasonably should have been discovered.

What to Do if You Suspect Abuse in a New Mexico Nursing Home

If you notice or suspect that your loved one is being abused, there are several key steps you can take to protect them. Call 911, if you believe your loved one is in imminent danger. Otherwise, report elder abuse, neglect, or exploitation by calling:

Adult Protective Services Statewide Intake
1-866-654-3219 Toll-free / 24/7
1-505-476-4912 (Albuquerque)

There are procedures in place for handling reports of abuse, and Adult Protective Services is required to investigate the report and continue to monitor the nursing home. They may then choose to file a petition with the court. A judge may decide to take further measures, which might include entering an order to provide involuntary protective placement for an adult who is incapacitated, unable to consent to an alternative placement, or is undergoing an emergency.

How to Report Nursing Home Abuse in Albuquerque Beyond Adult Protective Services

There are several other options beyond Adult Protective Services for reporting elder abuse. These include:

• Long‑Term Care Ombudsman. This program was designed to assist older adults in New Mexico who have concerns about their care. These include issues with medication errors, lack of activities, lost laundry or personal items, care planning, problems with staff, and abuse or exploitation. To report abuse, call 800-432-2080. To access the Long-Term Care Ombudsman Program, call 866-451-2901 toll-free.
• Health Facility Complaints Hotline. This is a state reporting channel for long-term care facility concerns. You can call their number at 1‑800‑752‑8649 toll-free.
• New Mexico Health Care Authority online reporting. If calling to report abuse is overwhelming, there’s an online form you can fill out

After filing your report, an investigation will be conducted. Depending on the specific circumstances of what happened, the outcome of the investigation may vary. Hire a nursing home abuse lawyer to protect your loved one and their legal rights.

FAQs

How Can a Personal Injury Attorney Help Me in My Nursing Home Abuse Case?

A personal injury attorney can help you in your nursing home abuse case by managing every stage of the legal process. They have a niche focus on injury law, making them well-equipped to deal with the intricacies of your case. They can help you file your case, gather evidence, and represent your loved one during legal proceedings. A lawyer understands the specific tactics used by defendants and insurance companies during cases, so they can advocate for your loved one.

How Difficult Is It to Be Successful With a Legal Case Against a Nursing Home for Abuse?

Achieving success in a legal case against a nursing home for abuse can be difficult, depending on the abuse suffered and the amount of evidence available during the case. If the other party has more evidence leaning in their favor, it can decrease your chances of success. However, if liability is clear and the injuries were severe, your chances of success may increase. The outcome of your case can also be influenced by whether you have the right lawyer on your side.

How Much Compensation Can I Obtain in a Nursing Home Abuse Case?

The amount of compensation you can obtain in a nursing home abuse case is based on the severity of the injuries and how much proof of liability there is. Victims can request compensation for their non-economic losses, such as:

• Pain and suffering
• Loss of enjoyment of life
• Disability
• Disfigurement

Economic losses can encompass

• Lost income
• Damage to personal belongings
• Medical bills, including surgeries, medications, medical supplies, mobility aid devices, physical therapy, and doctor and hospital visits

What Are Punitive Damages in a Nursing Home Abuse Case?

Punitive damages are a specific type of damages that may be requested in a nursing home abuse case in Albuquerque. These damages are typically awarded to victims if the liable party displayed extreme negligence or malice. For example, if the wrongdoer intentionally harmed the victim, they may have to pay punitive damages on top of regular damages. Punitive damages are intended to further penalize the responsible party and keep similar actions from happening to someone else.

Can I File My Nursing Home Abuse Case Against the Facility and Staff?

You can file your nursing home abuse case against the facility and staff members, depending on who was involved in the incident. Medical cases typically involve multiple responsible parties, as residents of nursing homes typically require a full medical team to care for them. This also means that multiple parties are often involved in the abuse or neglect. Filing a case against everyone involved is key to holding them accountable.

Hire a Nursing Home Abuse Lawyer to Advocate for Your Rights

Contrary to the ideas of some, there are good nursing homes. However, allowing a person in the twilight of their lives to suffer personal injury or have their life cut unnaturally short is wrong. The Branch Law Firm is committed to providing nursing home residents and their families with insight and assistance into the possibilities of legal recourse. Our Albuquerque personal injury attorney can pursue the compensation you deserve. Contact our office today to arrange a consultation.