New Mexico Nursing Home Negligence
As America’s population ages, more and more U.S. residents are moving into nursing homes each year. And tragically, this increase in nursing home enrollment has been accompanied by an increase in elder abuse in assisted living facilities. According to the World Health Organization, approximately one in six people aged 60 and older have experienced some form of abuse in a community setting, and in many cases, this abuse leads to lasting psychological consequences or serious physical injury. It’s difficult to ascertain the scope of this growing problem, though, because studies estimate that only one in fourteen instances of elder abuse are actually reported. If you suspect or know that your loved one has been the victim of elder abuse in a New Mexico assisted living facility, you may be wondering what evidence is needed to prove nursing home negligence in New Mexico.
Fortunately, our New Mexico nursing home negligence lawyers at Carabin Shaw have compiled the following information about these types of cases so you can learn more about the process of proving negligence and finding qualified New Mexico elder abuse lawyers.What Must be Proven in Order to Win a Nursing Home Negligence Lawsuit?
In order to win your nursing home negligence lawsuit, your lawyer must prove all of the following:
- Abuse or neglect occurred in the facility
- This abuse or neglect caused harm to the victim
- In allowing the abuse or neglect to occur, the nursing home breached the standard of care that it was their duty to uphold
- The harm suffered by the victim resulted in specific damages
Proving abuse or neglect can be extremely difficult, because not all abuse leaves visible scars. However, the following are examples of evidence that may be used to prove nursing home negligence, according to our New Mexico nursing home negligence lawyers:
Staff logs or charts.
Staff logs kept by the facility can help to show who was working when an injury occurred, as well as how many employees were working at any given time. And other charts or records kept by nursing home employees can help show what conditions they noted – or failed to note – when attending to your loved one.
Medical records are often invaluable to these types of cases (especially in cases involving physical abuse), because they provide the necessary documentation of the victim’s physical injuries, such as bruises or bed sores.
Security camera footage.
If the facility in question utilizes security cameras, this footage may be used to prove abuse.
Statements may be taken from visitors, nursing home employees, or other nursing home residents testifying about the conditions of the facility or the quality of the treatment in question.How Do I Find the Best Nursing Home Negligence Attorneys Near Me?
When choosing among New Mexico elder abuse lawyers, there are many factors to take into consideration. You want a personal injury lawyer who has extensive experience handling nursing home negligence cases, and who has a proven track record of success. You’ll also want to find a lawyer with trial experience in the event your case ends up in court. Finally, your attorney should be someone with a professional and compassionate demeanor who is recommended by their previous clients.
At Carabin Shaw, our nursing home negligence lawyers in New Mexico meet all these criteria and more. Our attorneys serving New Mexico have a combined 200 years of legal experience, and we’ve been handling nursing home neglect cases for more than two decades. We’ve recovered more than $500 million in compensation for our clients, meaning we know how to maximize the value of your claim. We believe in treating each and every client with the utmost compassion and respect, and we want to help ease your suffering and get your life back on track.
We offer all new clients a free and confidential consultation, so you have nothing to lose by giving us a call and finding out what we can do for you. To schedule your free consultation with one of our New Mexico nursing home negligence lawyers, call us today at (915) 779-2301.