According to the Center of Excellence on Elder Abuse and Neglect, about one in three nursing homes in the United States are likely to violate federal standards each year. 10 percent of these violations involve serious harm to residents. 95 percent of adult care facility residents say that they have experienced neglect firsthand, while 44 percent say that they have been abused by staff. Half of all adult care staff admit to mistreating residents in some way. Many of these incidents involve medical negligence, a form of malpractice that can potentially lead to nursing home lawsuits in New Mexico. Victims and their families may wish to discuss potential lawsuits with the attorneys of Erin Marshall Law. To continue this conversation, consider dialing (505) 218-9949.
What Is Medical Negligence?
Medical negligence – or medical malpractice – occurs when healthcare providers breach their “duty of care” to patients. These breaches may include errors, deviations from standard medical procedures, and missed diagnoses. Providers engage in medical negligence when making mistakes like prescribing the wrong medication, but they might also simply fail to provide any treatment at all. The latter falls into the category of neglect, especially in an adult care setting.
Patients who experience medical negligence may have the right to hold their healthcare providers liable. Medical malpractice lawsuits can provide patients with compensation for their damages. These damages might include medical expenses, lost income, disfigurement, emotional distress, humiliation, loss of enjoyment of life, and many others. If medical negligence causes the patient to die, their family may sue the healthcare providers. This is called a wrongful death lawsuit, and it can cover additional damages like funeral costs. With all that said, proving negligence in a medical malpractice lawsuit may be more challenging compared to other types of personal injury claims. The court generally feels that healthcare providers should only face consequences for serious mistakes and reckless negligence. For example, a doctor may avoid liability for a minor error during a complex, risky surgery.
When Is Adult Care Facility Abuse Considered Medical Malpractice?
Not all forms of abuse and mistreatment at adult care facilities fall under the definition of medical negligence. While emotional, physical, sexual, and financial abuse are all legitimate issues, they are not strictly related to medicine. However, neglect is one type of abuse that usually falls under the definition of medical negligence. Families that suspect their senior loved ones are suffering from neglect may wish to speak with Erin Marshall Law to review potential legal options.
Neglect is a common cause of harm and death in adult care facilities. A classic example is the development of bedsores due to neglect, and these injuries sometimes occur when staff members fail to reposition bedridden patients. Unless staff members move these patients every few hours, they may develop skin infections. These skin infections can be extremely painful, and they often have fatal consequences. Another common example of neglect is lack of security at an adult care facility for dementia patients. This type of neglect may allow patients to wander out into the street and suffer serious harm.
Adult Care Medical Negligence Can Also Occur at Home
According to the Aging and Long-Term Services Department, the number of New Mexican seniors “aging in place” is rising. This is thanks to the availability of home-based adult care and support from various government resources. Most seniors prefer to live out their twilight years in the comfort of their own homes, and it is now easier than ever to avoid adult care facilities. However, careful planning is necessary for those who wish to age in place – and a key component is home care.
Also known as “domiciliary care,” home care involves nurses and doctors traveling to the residence of the senior to provide medical treatment. This treatment might include dialysis, regular check-ups, blood tests, and much more. Medical negligence may occur during this treatment, and this harm could be difficult to identify due to the private setting. Aside from the doctor or nurse, there may be no other witnesses who can testify about this malpractice. This is why it often makes sense to install a surveillance camera or “granny cam” to catch potential incidents of medical negligence.
Chemical Restraints Are Common in Nursing Homes
A particularly worrying issue for many families in New Mexico is the negligent use of chemical restraints in nursing homes. These facilities may use chemical restraints to control or pacify seniors, even when there is no valid reason to administer such strong medications. These medications are usually “antipsychotics” designed to sedate potentially aggressive patients. Their use may be acceptable for unstable patients with dementia, but some nursing homes are far too eager to administer these powerful drugs. The truth is that heavily sedated seniors are less likely to complain about poor treatment, and this provides a clear incentive for nursing homes to use chemical restraints.
Various organizations consider the improper use of chemical restraints to be a human rights violation. New Mexico has highly specific laws about when healthcare providers can use these powerful drugs. If a family suspects that nursing home staff are administering these drugs with no valid reason, they may be able to take legal action. Not only is this a form of medical negligence, but it may also pave the way for further acts of abuse and malpractice. A heavily sedated senior may not even be aware of neglect, abuse, and medical errors. This is something that many adult care facility employees are well aware of.
Discuss Medical Negligence With Erin Marshall Law
Medical negligence at adult care facilities may come in many different forms, and it might be difficult to define for the average family. This type of medical malpractice can also be difficult to detect, and sometimes victims experience years of harm before anyone notices. The worst-case scenario is when seniors pass away due to medical negligence, and this often leaves families searching for answers. With help from a knowledgeable medical malpractice lawyer in New Mexico, it may be easier to investigate these incidents and uncover signs of medical negligence. Once families become aware of the root causes of harm, they may choose to hold negligent parties accountable. To learn about the potential next steps in addressing adult care medical negligence, consider calling Erin Marshall Law at (505) 218-9949.
