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What Rights Do Nursing Home Residents Have in New Mexico?

As your loved ones get older, the best option might be placing them in a nursing home where they can receive adequate attention and medical care. In New Mexico, however, negligent caretakers or abusive employees harm an alarming number of nursing home residents. If your loved one is a nursing home resident, it’s essential to understand their rights if you suspect New Mexico nursing home negligence.

At Carabin Shaw, our experienced team of attorneys cares deeply for victims of nursing home negligence and abuse. We fight aggressively to get justice for the elderly who have been taken advantage of or neglected by nursing home caretakers. Every attorney on our team believes knowledge is power, which is why we think nursing home residents and their families must understand their rights.

Resident Rights

According to the Federal Nursing Home Reform Law of 1987, all nursing homes are required “to promote and protect the rights of each resident.” In other words, residents must receive basic care at a level of quality that meets federal standards. All nursing homes participating in Medicare or Medicaid must meet these requirements for nursing home residents’ rights. So, what rights do nursing home residents have in New Mexico? The following rights are granted to all residents of New Mexico nursing homes:

  1. Communication and confidentiality:Every resident has the right to private communication with whoever they want, including family members, doctors, New Mexico attorneys, and anyone else. This right to privacy for communication also applies to medical treatment and care of personal needs. A lawyer can further explain this right.
  2. Grievances: Nursing home residents are legally able to voice complaints without retaliation, and the facilities are required to resolve any grievances raised aptly.
  3. If your loved one’s nursing home has violated this right, New Mexico elder abuse lawyers can help.
  4. Be fully informed:The nursing home should give all the information about the care it provides to the individual. This information includes a list of resident rights, available services, address and phone numbers for state agencies like the State Ombudsman, facility regulations, and more. Access to this information helps to prevent New Mexico nursing home negligence.
  5. Self-determination:Residents are allowed to make decisions for themselves, like choosing their schedules, requesting or refusing treatment, and participating in resident groups, for example. Talk to an attorney if a nursing home ever restricted your loved one’s rights.
  6. Individual care:Under New Mexico law, residents are to have a dignified life, receiving proper care based on their individual needs. Nursing home residents are also entitled to an individualized care plan created by a medical professional. This plan must be finished and put in place within two weeks of the resident arriving at the facility.
  7. Freedom from abuse:Nursing home residents have a right to a high quality of life where they are treated with consideration, dignity, and respect. They should never be the victim of physical abuse, psychological abuse, or neglect. If you believe or know your loved one has been a victim of nursing home abuse, get the help they deserve. Speak with New Mexico elder abuse lawyers today.
How it Should Be

An elderly care facility should be just that, a place of care—not fear, negligence, or abuse. Unfortunately, even with federal and state regulations in place, New Mexico nursing home negligence still happens too often. At Carabin Shaw, we want to empower victims and their families by winning, getting you the justice you deserve after a tragedy like nursing home abuse. Our nursing home negligence lawyers serving New Mexico can help. Call today to discuss your case with a lawyer on our team.

Call us at 915-779-2301 or toll-free at 1-800-862-1260.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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