Albuquerque Nursing Home Negligence Lawyers
Placing a loved one in the care of a nursing home is a difficult decision, but it is especially heartbreaking when those institutions fail to provide our elderly with the care they deserve. The Albuquerque nursing home abuse attorneys at Parnall Law Firm, LLC are passionate about protecting victims of nursing home neglect. The compassionate and seasoned lawyers at our firm have helped hundreds of nursing home negligence victims and their families stand up for their rights and protect their interests. If you or a loved one has been a victim of nursing home negligence, contact Parnall Law Firm, LLC today to see how we can help you.
Signs of Nursing Home Abuse
Nursing home negligence is a growing concern across the nation and in our state. According to the Centers for Medicare & Medicaid Services, there were 1.4 million nursing home residents in the U.S. at the end of 2011; 6,200 of these residents were in New Mexico. The New Mexico Aging and Long-term Services Department reported that nearly 3,400 long-term care facilities complaints were made to the Long-term Care Ombudsman Program that same year. This number was higher than the national average of 2,622 complaints.
Individuals with loved ones in nursing homes should remain alert for signs of nursing home negligence. These include:
- New or unexplained wounds, sores, or cuts
- Rapid increase or decrease in weight
- Sudden changes in a resident’s medication
- Unreasonable use of restraints
- Poor hygiene or unsanitary living conditions
If you suspect a loved one is a victim of nursing home negligence, it is important that you file a complaint with a long-term care ombudsman as soon as possible, as well as seek the advice of an attorney, such as Parnall Law Firm, LLC, immediately.
Liability for Nursing Home Negligence
A nursing home resident may hold those responsible for their injuries or lack of care legally liable. Nursing homes must provide residents with a safe environment and the level of care they need. To that end, they must adhere to several federal and state regulations. Among the many requirements under federal law, nursing homes must have sufficient nursing staff for their residents; provide the necessary services a resident needs to carry out their daily activities; and ensure that residents are free from any medication errors.
New Mexico also requires nursing homes to provide residents with periodic care from a physician, and has certain requirements for its nursing staff, which include having a full-time director and at least one charge nurse on duty at all times. Resident must receive hygienic care, proper nourishment, and care for any bed sores. A resident cannot receive medications, nor can medication be administered, without a physician’s orders. The state also limits the use of physical or chemical restraints on a resident to emergency situations only or under a physician’s direct written orders.
Despite the numerous regulations that apply to nursing homes, many residents become victims of neglect. In some cases, the facility is directly responsible for the negligence; in others, it may be the agency that staffs the facility. No matter which entity is the defendant, a victim has to establish negligence to hold the party liable for their injuries. A victim of nursing home negligence must show that the defendant:
- Owed a duty of care to the victim;
- Breached that duty; and
- Caused the victim’s injuries as a result of the breach.
It is important to consult with an attorney experienced in this area to ensure that other possible claims, such as a medical malpractice suit, are also addressed.
Obtaining Compensation For Your Losses
If you or an elderly relative is a victim of nursing home negligence, you may be able to seek compensation for your injuries or those of your loved one. You may seek to recover for the cost of any medical care, rehabilitative treatment, and pain and suffering.
Nursing home neglect can sometimes lead to death. You may have a viable wrongful death claim if your relative died as a result of negligent care at a nursing home.
Standing Up For Your Rights
The Albuquerque nursing home negligence lawyers at Parnall Law Firm, LLC stand ready to help you fight against nursing home neglect. Our experienced trial attorneys have represented personal injury victims since 1997. We are committed to providing our clients with compassionate legal counseling and aggressive representation. Call us today at 505-268-6500 or contact us online to arrange an initial consultation at no cost.