If you believe that a loved one living in a New Mexico nursing home has experienced physical or mental abuse, you must follow the state’s reporting guidelines before submitting a claim in court. Undergoing mandatory reporting requirements is necessary so that a possible resolution may be obtained.
Taking action against elder abuse
If you suspect nursing home negligence or some other type of exploitation against an older loved one, you must contact the state’s adult protective services agency so that an investigation into the alleged abuse can begin. If the agency concurs that abuse has occurred, the state will offer services that may include medical care, transportation, money management assistance, counseling, or placement in another residential facility.
The state requires nursing homes to provide a safe environment for residents free from abuse or neglect. Abuse can include a wide range of actions, such as insulting, demeaning, or threatening an older person, causing emotional pain, isolating an individual for no reason, and confinement beyond what is deemed necessary for the patient’s safety. Neglect involves failing to provide essential nursing home services like food and water, medical care, proper supervision, etc. If the acts were intentional or careless will determine whether the action falls under abuse or neglect.
When should I file a lawsuit against a nursing home?
Nursing home abuse and negligence can result in serious injuries and even death in some cases. If your loved one has suffered an unexplained decline in health or died from lack of care at a facility, you may have a valid lawsuit to recover damages.
Look for signs of neglect when visiting your loved one. If you see unsanitary living conditions, broken bones, bed sores, malnutrition, and even changes in behavior, you may have grounds for an elder abuse lawsuit.