New Mexico Elder Abuse Lawyer
Nursing home abuse is a real risk, especially for those who lack the communication to speak up for themselves. Elder abuse in nursing homes can range from emotional to physical abuse. Understanding the causes and signs of nursing home abuse can help alert loved ones to its existence. Our experienced attorneys at Levin & Perconti can help you with your New Mexico nursing home abuse case.
Nursing homes are supposed to care for our loved ones when they can no longer care for themselves. The idea that staff within these facilities would purposefully or negligently harm your loved one is unthinkable. Unfortunately, this risk becomes a reality far too often in New Mexico.
Our New Mexico nursing home abuse lawyers at Levin & Perconti will defend the rights of your loved one. We can investigate the abuse claim, find out what happened, hold the wrongdoers accountable, and get justice in the form of fair and rightful compensation. Nursing home abuse has no place in American society; the law is on your side. Find out how to protect your loved one from elder abuse in New Mexico’s nursing homes.
What constitutes elder abuse in New Mexico nursing homes?
Nursing home abuse is defined as actions or inactions, including physical and emotional abuse, failure to adhere to a resident’s care plan, and stealing from a resident. Nursing home abuse can take any of the following forms:
- Emotional abuse
- Physical abuse
- Financial exploitation
- Sexual abuse
It is suspected that people underreport adult abuse, exploitation, and neglect in the United States. Older nursing home abuse victims are three times more likely than non-abused elders to die.
New Mexico has a “Duty to Report” provision regarding nursing home abuse in its Adult Protective Services Act. It mandates that anyone, including financial institutions, who believes an incapacitated adult is being exploited, neglected, or abused must immediately inform Adult Protective Services.
There are five Adult Protective Services Regions throughout New Mexico to which you can report nursing home abuse. These regions serve the entirety of New Mexico. If you suspect adult abuse, neglect, or exploitation, contact an experienced nursing home abuse lawyer in New Mexico and alert your respective region:
- Metro: 505-841-4500
- Including Albuquerque nursing home abuse and Rio Rancho nursing home abuse reports
- Southwest: 575-373-5570
- Including Las Cruces nursing home abuse reports
- Southeast: 575-937-5056
- Including Roswell nursing home abuse reports
- Northwest: 505-287-1312
- Including some parts of Sandoval County’s nursing home abuse report
- Northeast: 505-425-9335
- Including Santa Fe nursing home abuse reports
Why does New Mexico have some of the worst nursing homes in the United States?
According to ProPublica, New Mexico has the fifth highest percentage of nursing homes with at least one serious deficiency in the United States. ProPublica has also documented the following significant problems in New Mexico’s 68 nursing homes:
- 25 have serious deficiencies
- 57 have been cited for infection-related deficiencies
- New Mexico nursing homes have paid $3.47 million in penalties
- New Mexico nursing homes have had 29 payment suspensions
The poor quality of nursing homes in New Mexico may be due to a lack of accountability. States are responsible for establishing the monetary fines levied against nursing homes for failure to comply with regulations, and New Mexico imposes lower fines than other states.
Inspectors also inconsistently follow up to ensure deficiencies are addressed.
Genesis HealthCare owns 25 of the 68 nursing homes in New Mexico and accounts for more than half of New Mexico nursing home deficiencies, according to the Santa Fe New Mexican.
The nearly 1,000 violations in New Mexico Genesis HealthCare facilities during the last four years have included:
- Staff incompetence in medical emergencies
- Catheter tubes on the floor
- Employees reusing dirty syringes
- Staff dealing drugs that resembled white powder
- Deficient practices leading to amputation due to gangrene
- Failure to disinfect equipment
- Deficient infection control practices in 80 percent of its facilities
Even before COVID-19, nursing homes were required to have effective infection control measures in place. The lack of staff, supplies, training, basic procedures, and poor regulations led to many failures in New Mexico nursing homes. The pandemic further exposed these flaws, with devastating consequences for the vulnerable nursing home population.
Trust the New Mexico Elder Abuse Attorneys at Levin & Perconti
The nursing home abuse lawyers at Levin & Perconti understand elder abuse in New Mexico nursing homes. We have won more than a billion dollars in verdicts and settlements and are proud to have defended the rights of nursing home victims who’ve suffered abuse, exploitation, and neglect.
Examples of nursing home abuse verdicts and settlements we’ve obtained include:
- A record-breaking jury verdict for $4.1 million on behalf of an 85-year-old woman whose medications were mismanaged
- A jury verdict for $2.7 million for the estate of a 67-year-old man who died after a nursing home fall
- A record-breaking jury verdict for $2.9 million for the family of a 57-year-old woman who died when the nursing home neglected to care for her tracheostomy tube
- A record-breaking settlement for $2.8 million on behalf of a 59-year-old resident who developed multiple infected bedsores that took four years to heal while under the care of a nursing home
- A settlement for $2.3 million for the family of an 88-year-old woman who died from severely infected bedsores while under her doctor’s care in a living facility
The nursing home abuse lawyers at Levin & Perconti will fight vehemently for the rights of your loved ones to ensure that justice is served and due compensation is delivered. We treat each case with the detailed attention you and your loved one deserve. We are ethically motivated to seek justice for you and your family throughout your nursing home abuse case.
If you suspect nursing home abuse, neglect, or exploitation, contact Levin & Perconti to discuss the specifics of your case. Call 877-374-1417 today for your free consultation.
What are the signs of elder abuse in nursing homes?
If you suspect that your loved one is being abused or neglected in a nursing home, knowing the signs of abuse can validate your suspicions. Some signs of nursing home abuse can be challenging to detect, but be alert for the following:
- Unexplained weight loss
- Poor hygiene
- Unpaid bills
- Changes to financial accounts
- Broken bones
- Increased anxiety
- Withdrawal from social activities
- Lack of medical aids
Never ignore these signs. They can help you prevent future abuse and protect your loved one.
New Mexico Laws Regarding Nursing Home Neglect and Abuse
In New Mexico, state and federal laws govern nursing homes and the proper care of residents. Three relevant laws include:
- The Code of Federal Regulations
- The New Mexico Administrative Code
- The New Mexico Statute of Limitations
The Code of Federal Regulation details the requirements for states and long-term care facilities. Under Title 7, Chapter 8, Part 2, the New Mexico Administrative Code outlines the state’s laws surrounding residential health facilities and assisted living facilities for adults.
Experienced New Mexico nursing home attorneys understand these laws and know when they have been violated.
The New Mexico statute of limitations for reporting nursing home abuse is the same as the statute of limitations for other personal injury claims. Generally, you have three years from the date of the injury, death, or when you knew or should have known the abuse was occurring to file a claim.
Exceptions to these deadlines do exist, so it is best to consult a knowledgeable New Mexico nursing home attorney as soon as you suspect nursing home abuse to ensure that you have adequate time to file your claim.
How Levin & Perconti Can Help With Your Nursing Home Abuse Case
At Levin & Perconti, our team firmly believes in your loved one’s right to dignity as they age. We are committed to holding abusive nursing homes responsible for their actions.
Steven Levin of Levin & Perconti is personally invested in nursing home reform, having been a pioneer in nursing home litigation since the 1970s. He was one of the first lawyers in the United States to prosecute these types of cases.
He is a founding member and original officer of the American Association for Justice Nursing Home Litigation Group. This group is dedicated to holding nursing home corporations accountable for their misdeeds.
Steve’s passionate advocacy has led Levin & Perconti to obtain the top three jury verdicts in Illinois for nursing home negligence cases. Steve spends his free time working with various advocacy groups and federal and state ombudsman to effect change in nursing home communities and prevent mistreatment of vulnerable residents.
When you choose Levin & Perconti to represent you in your nursing home abuse case, you can rest assured that your attorney will be fully committed to your case and to obtaining justice and fair compensation for your loved one’s mistreatment at the hands of facility staff.
We understand that hiring an attorney can be intimidating. That is why we don’t collect a penny from you unless or until we win your case.
Contact us today for your free consultation by completing our online form or calling (312) 332-2872.