New Mexico Elder/Nursing Home Abuse Lawyer
Call (888) 473-4416 to speak with an attorney.
In New Mexico, nursing home and elder abuse attorneys are personal injury professionals who specialize in cases where a nursing home, medical facility, one of their staff members, or an in-home caregiver is accused of neglecting duties that result in the mental and/or physical suffering of an elderly person. This could include inadequate supervision that results in a fall or desertion that results in death. These attorneys also use their legal expertise to prove mental, physical, and/or financial abuse of the elderly.
Elder abuse is a term used to describe mistreatment and neglect of older adults. According to the World Health Organization, elder abuse is a single, or repeated act, or lack of appropriate action, occurring within any relationship where this is an expectation of trust which causes harm or distress to an older person.
There are some signs and symptoms that may provide evidence that elderly abuse or neglect is taking place. Often, the signs of abuse are obvious and visible, and so you will be able to notice them right away. Bruises, broken bones, cuts, scars and bed sores are strong signs that abuse is taking place. The signs of neglect may be a bit harder to notice, because the injuries aren't as readily apparent, but if you monitor your loved one and his or her environment carefully, any change in the resident's mood, or in the general living conditions or environment, might be enough to signal a problem. Neglect includes providing insufficient food and water, inadequate access to or provision of hygiene, failure to change the resident's undergarments in a timely fashion, and failure to provide the proper assistance to residents who are not self-sufficient.
The primary responsibility of these attorneys is to give their clients full access to the legal rights granted them by state and federal laws. It is the goal of these nursing home and elder abuse attorneys to prove that the negligent behavior of someone who owed a greater standard of care to an elderly person resulted in preventable suffering or death. Another of their goals is to win a fair and full settlement on behalf of that client. That settlement should cover all damages, including medical bills, pain and suffering, and burial expenses for the neglected and/or abused individuals and their families.
To provide the best representation possible, these attorneys work with Adult Protective Services and other state and local agencies that protect and care for the welfare of the elderly and law enforcement agencies that may be involved in criminal aspects of negligence and abuse cases. These connections allow the attorneys to build a solid case and bring the responsible parties to justice.
Knowledge of the laws, statutes, regulations and decisions adopted by the state of New Mexico regarding the care of the elderly and the obligations due to them by all involved in caring for them makes attorneys indispensable in cases that require more in-depth legal assistance than is available from state-sponsored legal services. These professionals are prepared to overcome the hurdles put in place by insurance companies, nursing facilities and lawyers representing these individuals. Their means of settling cases vary from case to case but include negotiation, mediation and trial.
The aging of baby-boomers is resulting in a great demand for elder care and increases the necessity for legal professionals to represent them and their families. Those certified to practice in this area of personal injury law will have a four-year university degree and will have passed the written State of New Mexico Bar Examination, the Multi-state Bar Examination, the Multi-state Essay Examination, and the Multi-state Professional Responsibility Exam.
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