We send our elderly loved ones to nursing homes to provide them with quality care and assistance with daily living. Unfortunately, some nursing homes are negligent in the level of service and care they provide, and residents suffer abuse and neglect as a result. If you suspect your loved one has been a victim of nursing home abuse or neglect, contact Sorey & Hoover, LLP at (903) 230-5600. Our legal team are tough advocates of the elderly in Albuquerque, Santa Fe, and New Mexico.
What Are Nursing Home Abuse and Neglect?
Nursing home abuse is a situation in which a caregiver intentionally causes some type of physical, emotional, or financial harm to a resident. Abuse can be committed by another resident if a negligent facility allows it to occur. Nursing home neglect is a breach of duty in which harm comes to a resident through substandard management or care.
Why You Need a Lawyer
Holding negligent nursing homes accountable for the harm they cause to residents is essential for the health and wellbeing of our senior citizens. At Sorey & Hoover, LLP, we will work with you to help seek justice if your loved one has been a victim of nursing home abuse or neglect. Our experienced personal injury attorneys can:
- Investigate the abuse or neglect
- Pursue compensation to help you and your loved one
- Take action to end the abuse or neglect
- Hold responsible parties accountable for the damage they have done
What Are Some Types of Nursing Home Abuse?
Elderly residents of nursing homes are particularly vulnerable to abuse and neglect. Abuse can occur in several different forms.
Physical Abuse
This involves using some type of physical force against a resident that can be expected to cause bodily harm, impairment, or physical pain. Examples include striking the resident with the hand or an object; pushing, shoving, shaking, slapping, biting, or kicking a resident; force-feeding, physical restraints, or administering drugs inappropriately. Symptoms of physical abuse to watch for include:
- Bruises, welts, or unexplained cuts
- Broken bones
- Skull fractures
- Broken eyeglasses
- Marks from restraints
- Evidence of restraining devices
- Sprains or dislocations
- Sudden changes in personality or behavior
Emotional Abuse
Emotional abuse is defined as inflicting anguish, distress, or emotional pain by verbal or nonverbal means. It may involve insults, verbal assaults, threats, humiliation, intimidation, or harassment. Emotionally abused nursing home residents may be treated like children and isolated from friends, family, and activities they enjoy or given the silent treatment. Signs and symptoms of emotional abuse may include:
- Agitation or emotional upset
- Unresponsiveness, withdrawal, or unwillingness to communicate
- Unusual behavior that mimics dementia
- A report from the resident of verbal or emotional mistreatment
Sexual Abuse
This involves having non-consensual sex with a resident. Sexual abuse includes any type of sexual contact with someone who is unable to provide consent. It may include sexual assault, coerced nudity, unwanted touching, intercourse, sodomy, or taking pictures of the resident when he or she is nude. Typical signs of sexual abuse in nursing homes include:
- Bruises on the breasts or genitals
- Bleeding from the anus or vagina
- Stained, bloody, or torn underwear
- Unexplained genital infections or STDs
- A report from the resident of sexual abuse
Financial Exploitation
Financial abuse involves illegally using an elderly resident’s assets or property. This may include:
- Taking cash from a resident
- Signing a resident’s checks
- Forging a resident’s signature
- Coercing an elderly person to sign a document he or she does not understand
- Stealing a resident’s money or possessions
Nursing Home Neglect
Neglect is among the most common forms of abuse occurring in nursing homes. It is defined as failing or refusing to provide an elderly resident with the care he or she needs to live a comfortable life. Neglect may involve failing to provide necessities of life, such as food, water, clothing, hygiene, medical treatment, or personal safety and comfort. Signs of nursing home neglect include:
- Dehydration
- Malnutrition
- Bedsores/decubitus ulcers
- Unsanitary living conditions
- Hazardous conditions
- Failure to treat health problems
- A report of neglect or mistreatment by the elderly resident
Why Choose Sorey & Hoover, LLP?
- We focus our practice exclusively on representing plaintiffs in personal injury matters.
- One of our attorneys worked for many years with a nationwide plaintiff’s firm, which allowed him to represent many injured clients from across the nation, including trials in five different states.
- We provide personal, client-centered legal services and will travel to meet you if you are unable to come to our office.
What Types of Compensation Can Be Claimed for Nursing Home Abuse?
If your loved one has been a victim of nursing home abuse, you may have a legal claim against the responsible parties. The compensation you may be entitled to claim may include:
- Medical expenses: When nursing home residents are abused or neglected, medical conditions can rapidly worsen, leading to more intensive and costly care and treatment.
- Pain and suffering: Under conditions of abuse or neglect, your loved one may have suffered pain, anguish, and reduced quality of life, for which compensation may be claimed.
New Mexico Nursing Home Abuse Data
- According to an article in the Albuquerque Journal, nursing homes in New Mexico are ranked low in the nation, with more than 2,217 infractions reported to the Centers for Medicare and Medicaid services in recent years.
- 115 of these reported deficiencies were ranked J, K, or L on a severity scale of A to L, or problems that created immediate jeopardy to the health and safety of residents.
- Inspectors reported serious deficiencies between 2015 and April 2018 in 36 of the 74 nursing homes certified by Medicare or Medicaid in New Mexico.
- Nursing homes in New Mexico had Medicare and Medicaid payments suspended for compliance issues 44 times during that period.
Schedule a free consultation with our experienced personal injury attorneys in Longview and Gregg County when you contact us at (903) 230-5600.
