Santa Fe Nursing Home Falls and Fractures Lawyer

Santa Fe Nursing Home Falls and Fractures Attorney

The decision to relocate a loved one to a nursing home is often a difficult one. If you suspect that your loved one has suffered a fall or fracture due to abuse or neglect at their nursing home, you may feel overwhelmed or guilty. When we trust professionals to care for our loved ones, we expect them to be highly trained and deeply compassionate. When this is not the case, a Santa Fe nursing home falls and fractures lawyer can help you file a claim for compensation.

Hire a Nursing Home Falls and Fractures Lawyer

Nursing home abuse or neglect can take many forms. If your loved one has suffered a fall or a fracture due to suspected abuse or neglect, you need to hire a nursing home falls and fractures lawyer to review your case and offer guidance on your next steps. At the Branch Law Firm, we understand how challenging it can be to handle a claim after a loved one has been injured. We have over 50 years of experience handling personal injury claims in New Mexico.

Elder Abuse in the United States

Elder abuse has become a larger problem as the elderly sector of the population continues to grow. According to the World Health Organization (WHO), as of 2024, one in six people who are 60 years of age or older has experienced some form of abuse in a community setting. Elder abuse can take many different forms, including:

• Physical abuse is when a caregiver inflicts physical pain or injury on the victim. Victims may be restrained when unnecessary.
• Sexual abuse can include forced sexual acts on or demanded from the victim.
• Emotional abuse involves verbal threats or taunting toward the victim.
• Psychological abuse often includes excluding the victim from group activities or harassing or intimidating the victim.
• Neglect is a form of abuse where the victim’s personal needs are not being met. They may become malnourished, dehydrated, or forced to live in unhygienic conditions.
• Financial abuse includes taking money or valuables from the victim.

A 2024 WHO review of multiple nursing home abuse studies found that nearly two-thirds of nursing home staff self-reported abusing a resident. Specifically:

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

If you suspect a loved one has been subjected to nursing home abuse in Santa Fe, you can file a complaint against the nursing home through the New Mexico Department of Health Division of Health Improvement. To seek compensation for damages related to nursing home abuse, you can file a civil claim through the First Judicial District Court for Santa Fe County.

Warning Signs of Nursing Home Abuse

Since there are several different types of nursing home abuse, the signs indicating abuse differ with the different types of abuse. However, warning signs tend to fall into one of four separate categories. These categories include:

1. Physical signs. These include unexplained or undocumented doctor visits, the presence of bedsores, or frequent bruises or cuts without explanation.
2. Emotional signs. Sudden mood changes, especially uncharacteristic sadness or anger, avoiding or becoming quiet around specific staff members, or any unexplained changes in mood or demeanor.
3. Environmental signs. Signs that rooms aren’t being cleaned as often as they should be, such as dirty sheets, uncleaned floors, or overflowing trash cans. Residents’ calls for staff go unanswered or take an excessively long time to be answered. If common areas are soiled or smell of urine.
4. Nutritional signs. When food trays are placed where residents have difficulty reaching them, or when residents show signs of poor nutrition or dehydration.

If you see these signs in your loved one, you may need the assistance of a Santa Fe nursing home falls and fractures attorney to help you file a claim and reach a fair settlement agreement.

FAQs

Can You File a Claim Against a Nursing Home for a Fall or Fracture?

Yes, you can file a claim against a nursing home for a fall or fracture if the fall or fracture happened due to the negligent actions of the nursing home. A fall or fracture may be due to negligence if the nursing home failed to provide adequate staffing levels, staff failed to appropriately monitor patients, or safety devices were not used or used incorrectly. Falls due to environmental hazards could also lead to a negligence claim.

Is It Difficult to Secure a Claim Against a Nursing Home?

Yes, it can be difficult to secure a claim against a nursing home. To secure compensation, you have to demonstrate that the nursing home acted recklessly or carelessly and that the behavior resulted in a patient being injured. Even when the patient is partially at fault, compensation may still be recoverable. Having strong evidence and thorough documentation can help you secure fair compensation.

Are Nursing Homes Liable for Falls or Fractures?

A nursing home may be liable for a fall or fracture if the injury occurred due to the negligence of the facility. Nursing homes often house vulnerable patients who may be prone to falls. If an accident occurs because the patient was not properly supervised or preventive measures were not taken, the nursing home could be liable. If precautions were taken to prevent a fall, but the fall still happens, the nursing home may not be liable.

How Long Does a Claim Against a Nursing Home Take in New Mexico?

In New Mexico, the time it takes for a nursing home claim to settle varies with the specifics of the claim. When nursing home abuse occurs, you have three years from the date of the injury to initiate the claim process. Once the process begins, cases with clear evidence often complete more quickly than cases with circumstantial evidence. More complex cases also take longer to settle than simpler cases.

Contact the Branch Law Firm, Attorneys and Counselors at Law

There are many good nursing home facilities in New Mexico. Unfortunately, it only takes one poorly trained staff member or healthcare provider to slip through the cracks for abuse or neglect to occur. If you suspect abuse, our legal team can help you gather evidence and hold the guilty party accountable. Contact the Branch Law Firm today to schedule your initial consultation.