Does My Loved One Have a Nursing Home Neglect Case?
As our country’s population ages, more Americans are moving into nursing home facilities than ever before. And unfortunately, nursing home abuse is also on the rise. Some studies have estimated that one in ten elders are abused, and others suggest that the actual number may be even higher—since abuse is so underreported. If you have a loved one currently living in a nursing home in New Mexico and you suspect that abuse may be occurring, you may be wondering, “Does my loved one have a nursing home neglect case?” You may also be wondering what constitutes elder abuse, and whether or not you need an attorney.
Fortunately, our New Mexico elder abuse lawyers are here to give you the answers to these questions and more. Read on to learn more from our New Mexico attorneys about New Mexico nursing home negligence cases, and what you can do for your loved one.What Constitutes Nursing Home Abuse? And How is It Different from Negligence?
According to our nursing home negligence lawyers in New Mexico, nursing home abuse is defined as an intentionally harmful act toward an elderly person living in a nursing home, and can take many different forms. Types of abuse include physical, emotional, sexual, and financial abuse, as well as abandonment and neglect.
Unlike nursing home abuse, nursing home negligence (or nursing home neglect) does not involve inflicting intentional harm; rather, it occurs whenever caregivers deliver substandard care. As with nursing home abuse, nursing home neglect can take many different forms. Examples of nursing home neglect include emotional neglect, social neglect, failure to provide a safe or clean environment, failure to provide adequate nutrition, or failure to ensure that other basic needs are met.What Are the Legal Requirements for a Successful Nursing Home Negligence Lawsuit?
In order to build a successful New Mexico nursing home negligence case, your lawyer must be able to prove all of the following:
- Abuse and/or neglect occurred in the nursing home facility
- The abuse or neglect that occurred in the nursing home facility caused harm to the victim
- Because of the abuse, the nursing home breached the standard of care that it was their duty to uphold
- The harm suffered by the victim resulted in specific, concrete damages in the form of physical or emotional harm, financial damages, or even death
If you know of or suspect nursing home abuse or negligence, the first thing to do is to make sure that your elderly loved one is out of harm’s way. Next, you should consult with an attorney as soon as possible to discuss your options. But it’s important to choose the right lawyer who has the knowledge and experience to properly advise you. You will want to choose a personal injury lawyer who regularly handles nursing home neglect cases, since these cases are extremely difficult for even the best attorneys to win.
Fortunately, Carabin Shaw hires only the best New Mexico elder abuse lawyers, and we have extensive experience with elder abuse cases. Our attorneys have a combined 200 years of legal experience, and our firm has been serving the Southwest United States for more than two decades.
We offer all new clients a free and confidential consultation, so you have nothing to lose by giving us a call and figuring out how we can help. So call our New Mexico office today at 915-779-2301 to find out what our experienced New Mexico nursing home negligence attorneys at Carabin Shaw can do for you.