According to the Department of Health and Human Services, about 1.2 million people live in nursing homes across the United States. In addition, over 800,000 Americans live in adult care facilities. With so many elderly people receiving this kind of care, medical negligence is inevitable. The National Institutes of Health describes rising medical malpractice lawsuits against nursing homes as a “litigation crisis,” and families may sue adult care facilities for various reasons. Before a concerned family member files a claim, however, they may first need to investigate the suspected negligence. An early step could be to speak with an experienced medical malpractice lawyer in New Mexico. Families may call (505) 218-9949 to discuss their suspicions with Erin Marshall Law.
Consider Installing a Granny Cam
Patients and their families in New Mexico may install video cameras in nursing homes to detect potential medical negligence. In 2020, New Mexico passed the Patient Care Monitoring Act to allow this type of surveillance. However, families must meet a number of requirements before installing these “granny cams.”
Granny Cam Requirements in New Mexico
First, the senior must give their permission for the family to install the video camera. If this senior has any roommates at the adult care facility, they must also consent. Although families do not need to get permission from the adult care facility itself, they must notify management before setting up the camera. Staff are subsequently required to put a sign on the door of the room, warning people of the video camera. Finally, the family is responsible for the initial cost and maintenance of the camera.
Is a Granny Cam Worth It in a New Mexico Adult Care Facility?
Unlike a few other states, New Mexico does not allow families to “secretly” install surveillance cameras in adult care facility rooms. In other words, families can not use cameras to catch unsuspecting staff who commit medical negligence – unless they forget they are being surveilled.
In New Mexico, a granny cam is more of a preventative measure. This surveillance sends a clear message to healthcare providers, warning them to provide proper care. When these staff members know they are being watched, they may be less likely to engage in medical negligence.
Learn About the Most Common Types of Medical Negligence
Families that suspect medical negligence should become aware of how this malpractice generally occurs. Once a concerned family member knows what to look for, it may be easier to spot the telltale signs.
Bedsores
Bedsores represent one of the most common types of medical negligence in adult care facilities. While this injury may occur under normal conditions without any malpractice, it is often the result of poor-quality medical care in New Mexico. Bedsores are potentially life-threatening skin infections that occur when bedridden seniors remain in the same position for too long. Adult care facility staff have a legal duty of care to regularly reposition immobile seniors. If a senior is developing bedsores, this could be a clear sign of neglect and medical negligence.
Chemical Restraints
The term “chemical restraints” refers to the irresponsible use of medication to control and pacify seniors in adult care facilities. This is a human rights violation and a clear breach of medical ethics. There are few things more disturbing than seeing a loved one reduced to a husk of their former self due to excessive medication. Often, this medication is anti-psychotic in nature – and its use may be completely unjustified. Some facilities have learned that it is easier to manage seniors when they become numb and sedated. Chemical restraints also allow staff members to commit further medical malpractice, as overmedicated seniors often lose the ability to raise concerns or complain.
Poor Security
Security is an important priority for adult care facilities in New Mexico. Staff and management should prevent seniors from harming others or themselves, and this is particularly crucial for patients with dementia. These patients may attempt to escape from the facility or simply wander onto the street. Once seniors leave the confines of an adult care facility, they face all kinds of hazards. Some have walked for miles in a state of confusion – often without shoes or proper clothing. If a senior with dementia manages to leave an adult care facility without much effort, this could be a sign of poor security and medical negligence.
Learn What Causes Medical Negligence in Adult Care Facilities
Medical negligence in adult care facilities is positively correlated with a number of factors. First, facilities with fewer staff members are more likely to encounter medical malpractice lawsuits. New Mexico law states that there must be at least one “direct care staff” member for every seven patients in an adult care facility. This ratio is higher during evenings and nights. If a concerned family member suspects that a facility is understaffed, this could be an early warning sign for medical negligence.
Families might also want to consider whether the adult care facility is a non-profit organization or a for-profit enterprise. For-profit adult care facilities are generally more likely to face medical malpractice lawsuits – which makes sense given their prioritization of money over positive patient outcomes.
Negotiate With Insurers and Defendants
Most families settle medical negligence claims with adult care facilities outside of court. The prevalence of private settlements makes it difficult to gather reliable data about medical negligence in adult care facilities, but it could be an attractive option for numerous families. These facilities are almost always insured against malpractice claims, and it may be relatively easy to pursue fair compensation alongside an experienced medical negligence lawyer in New Mexico. Speak with Erin Marshall Law to determine whether a financial settlement might be possible.
Take the Next Step With Erin Marshall Law
Although a family may investigate medical negligence at an adult care facility in various ways, they may only achieve so much without legal assistance. An experienced medical malpractice lawyer may be able to help families gather evidence with greater efficiency, and they can offer personalized advice based on each specific situation. Evidence could become inadmissible if gathered unlawfully or incorrectly. Consider assessing the next potential steps with Erin Marshall Law. Families may schedule their consultations by calling (505) 218-9949.
