New Mexico Nursing Home Abuse Lawyer

If you trust any organization with the care of your elderly loved ones, there is an expectation that the organization will provide the highest level of attentive, compassionate care. Unfortunately, many families throughout the state regularly discover the opposite, that those charged with caring for their elderly family members have abused and neglected them. If this has happened to your family, you need to speak with a New Mexico nursing home abuse lawyer.

Hire a Nursing Home Abuse Lawyer in New Mexico

The Branch Law Firm has decades of experience representing a wide range of cases throughout the state, including those arising from nursing home abuse and neglect. If your family has paid a nursing home to provide senior care and you have discovered that your elderly loved one has been abused or neglected, it is vital to know your options for resolving the situation and holding the responsible parties accountable for the harm they have done.

Our firm takes the time to listen to each client’s individual story, developing client-specific legal strategies that aim to secure fair compensation in the shortest possible timeframes. When you hire a nursing home abuse lawyer from our firm as your legal counsel, you can expect close attention to detail through every phase of your case, from gathering the evidence needed to prove liability to establishing the extent of your claimable damages.

Nursing Home Abuse in the United States

Nursing home abuse is a serious problem that continues to grow as the population ages. A 2024 review by the World Health Organization found that in 2023, one out of every six elderly people experienced abuse in a community setting. Self-reports found that two out of three nursing home staff reported abusing a patient. Rates of abuse self-reported by institutional staff include:

• 32.5% psychological abuse
• 9.3% physical abuse
• 12.0% neglect
• 0.7% sexual abuse

Establishing a Nursing Home Abuse Claim in New Mexico

Nursing home abuse and neglect can happen in many ways. Before you proceed with a civil claim against the party responsible for the abuse your loved one experienced, you must gather evidence to show exactly what has happened and to prove the extent of the resulting damages. Nursing homes owe a strict duty of care to the residents in their care, and failure to meet this duty can lead to severe penalties.

When nursing home abuse reaches severe levels, those responsible may face not only civil liability for a claim filed by a victim’s family but also criminal prosecution. Some of the most commonly cited examples of nursing home abuse in the state include:

• Failure to properly train and screen newly hired staff members. Poorly trained staff do not interact with residents well, which can lead to abusive behaviors.
• Verbal and psychological abuse. Such as using offensive or disparaging language or excluding certain residents from activities.
• Physical abuse. This could include outright physical violence, improper use of restraints and medical devices, and any type of abusive handling of elderly residents.
• Sexual abuse. If nursing home staff attempt to take advantage of residents, they are likely to face severe criminal charges if they are caught and convicted.
• Theft and financial exploitation. Either a caregiver could engage in such behavior, or the nursing home could be held liable for negligent security.
• Medication errors and improper use of medications. Any staff member responsible for administering patient medication must make sure all doses are correct and that the patient’s unique medical needs are addressed at all times.
• Failure to meet residents’ basic daily needs. These could include food, water, necessary medications, and clean bedding. Failure to regularly reposition bedridden residents can lead to the formation of bedsores.

These are only a few possible examples of how a nursing home resident could be mistreated by their caregivers. It is vital for family members to remain vigilant for any signs that their elderly loved one has been harmed by nursing home staff. They may be hesitant to talk about their experiences out of fear of reprisals from their abusers. If you notice any sudden change in your loved one’s health or demeanor, or if they have unexplained injuries, these are red flags.

Signs of Nursing Home Abuse in New Mexico

If you suspect that a loved one has been abused by someone at their nursing home, there are warning signs you can look for. Depending on the type of abuse, common signs include:

• Physical abuse. Unexplained bruising or cuts, or signs that restraints have been used. Acting fearful or withdrawn. Sudden increase in injuries or reports of falls.
• Emotional abuse. No longer enjoying or taking part in activities they once enjoyed. Becoming emotionally unstable with outbursts of anger or sadness. Problems sleeping or unexplained weight loss.
• Financial abuse. Suddenly switching to a new bank or making changes to withdrawal patterns. Increased spending, but not having the necessary personal items. Personal or sentimental items have gone missing.
• Sexual abuse. Pain or bruising in the genital area. Difficulties sleeping or acting fearful around certain people. Contracting a sexually transmitted disease. Damaged or missing clothes. Sudden changes in eating habits or uncharacteristic outbursts of anger.

Formulating a Case Against Nursing Home Abuse in New Mexico

Once you have determined that your elderly loved one has been harmed by their nursing home, it is vital that you connect with an experienced New Mexico nursing home abuse lawyer as quickly as possible. They can assist you in gathering the foundational evidence of your claim. Success with the claim may require proving that the defendant owed the victim a duty of care and that they breached that duty in some way that resulted in harm to the victim.

It is important to remember that if your loved one has been intentionally abused, it is a crime, and you must remove the victim from their dangerous situation as quickly as possible. Call 911 to report the issue to the police and request that your loved one be transferred to a safe location. Depending on the nature and severity of the abuse or neglect, the defendant and/or the nursing home could face criminal penalties.

Filing a Claim

When it comes to filing a civil claim in response to nursing home abuse or neglect, you do have the right to seek compensation for resulting medical expenses and any other financial losses your family suffered because of the incident. For example, if you were forced to miss work to care for the victim, you would have grounds to claim lost income as economic damages in your case.

It is also possible to recover compensation for the pain and suffering the victim experienced. Your attorney can provide guidance when it comes to determining an appropriate amount to include with the claim. Additionally, the plaintiff in a nursing home abuse case may recover punitive damages reflecting the defendant’s illegal actions. Ultimately, you could be entitled to a greater recovery than you may initially expect.

Areas We Serve

As of 2022, there were 74 skilled nursing home facilities in New Mexico. When you suspect abuse, you have to act quickly to find a safe place for your loved one. Our team has experience helping residents of many cities in New Mexico after discovering nursing home abuse. The areas we serve include:

• Las Cruces. Located in the Mesilla Valley, Las Cruces offers stunning views of the Organ Mountains and the Chihuahuan Desert. With a population of just under 167,000, Las Cruces is home to seven nursing home facilities.
• Roswell. Centrally located in the Pecos Valley, Roswell serves as a hub for Southeastern New Mexico for locals and tourists alike. With a population of 47,638, the area has three nursing home facilities caring for residents.
• Hobbs. As the most populous city in Lea County, Hobbs is home to more than 40,000 residents. In the Permian Basin of southeast New Mexico, residents have many options, including four nursing home facilities.
• Gallup. Located on Route 66, Gallup offers stunning views of red sandstone cliffs and a wealth of Native American culture and history. Home to just over 21,000 residents, the area has two nursing home facilities.
• Farmington. Popular for outdoor, active living, Farmington is one of New Mexico’s four major metropolitan areas. Located in San Juan County, Farmington is home to 46,314 residents and three nursing home facilities.
• Artesia. Located south of Roswell, Artesia is home to 12,576 residents and is centrally located in southeastern New Mexico. Offering a mix of small-town community and continuous growth, Artesia is home to two nursing home facilities.
• Silver City. Serving as the county seat for Grant County, Silver City features a historic downtown and many outdoor recreational activities. Home to 9,536 residents, Silver City has one nursing home facility.

If you or your loved one lives in or around southeastern New Mexico, our team is available to help you navigate the complex process of filing a nursing home abuse claim.

Find Legal Counsel Today

The statute of limitations that is likely to apply to your case is three years, starting on the date of the most recent incident of abuse or neglect. However, it is vital that you start building your case as quickly as possible once you have discovered that an elderly family member has been abused or neglected in their nursing home. A good attorney can help you immediately begin gathering the evidence you may need to support your case.

The Branch Law Firm is ready to provide comprehensive legal support for your family’s nursing home abuse claim in the state. We take these claims on a contingency basis, so you only pay our firm a fee if and when you receive compensation for your claim, and there is no fee if we are unable to secure compensation for you. Contact us today to schedule your consultation with a New Mexico nursing home abuse lawyer.