If you have noticed your loved one has become withdrawn since moving into a nursing home and suspect emotional abuse, it is time to talk to Harvey, Foote & Baker Law Firm.
What Does Emotional Abuse Look Like in Nursing Homes?
No matter their age or condition, residents of nursing homes have the right to be treated with dignity and respect. Emotional abuse occurs when nursing home staff, other residents or other parties with access to a facility violate this right. Keep in mind that emotional abuse may not necessarily be intentional, but it is still abuse, even if someone’s harmful actions are not deliberate.
Examples of emotional abuse common in nursing homes include:
- Yelling at a resident
- Threatening or intimidating a resident
- Ridiculing, humiliating, or infantilizing a resident
- Blaming a resident for things that are not their fault
- Gaslighting a resident
- Isolating a resident from others
- Preventing a resident from contacting family members, friends, legal representatives, doctors, or other resources
- Preventing a resident from going outside or participating in activities
- Cutting off a resident’s access to the Internet, television, or other electronic devices
- Threatening to withhold food, water, or medication
- Taking away or hiding a resident’s belongings, including health aids
- Refusing to speak to a resident when in their presence (the “silent treatment”)
- Ignoring the resident’s requests for assistance
What are Common Signs of Emotional Abuse?
The trouble with detecting emotional abuse is that the mistreatment seldom leaves behind physical evidence. Most red flags will manifest as behavioral changes in the victim. A well-trained nursing home staff member or another medical professional may be able to recognize these shifts and raise the alarm, but, unfortunately, the people responsible for your loved one’s care are often undertrained and overworked. It will in all likelihood fall to you to look out for the warning signs of emotional abuse and take action when something appears to be wrong.
Warning signs of emotional abuse in nursing homes include:
- Abrupt and unexplained personality changes, including mood swings
- Sudden and unexplained weight loss
- Withdrawal from activities someone previously enjoyed
- Excessive fearfulness
- Malnutrition
- Agitation
- Sudden spikes of depression, including suicidal ideation
What Should I Do If I Think My Loved One Is Being Emotionally Abused in a Nursing Home?
Our Albuquerque nursing home emotional abuse attorneys can walk you through the steps you should take if you suspect your loved one is being mistreated by anyone at their long-term care facility. We can help you report suspected abuse to the appropriate parties and remove your loved one from the facility as quickly as possible. Then, our team at the Harvey, Foote & Baker Law Firm can investigate your case, determine liability, and explore your legal options. Depending on whose negligence resulted in your loved one being emotionally abused, you may be able to take legal action against the nursing home, individual staff members, medical professionals, and other residents.
What Damages Can I Recover in a Nursing Home Emotional Abuse Lawsuit?
Filing a lawsuit for nursing home emotional abuse is about more than holding responsible parties accountable. You can also secure compensation for economic and non-economic damages. These lawsuits can sometimes be resolved through out-of-court settlements, but we are prepared to take your case to trial if the liable party refuses to negotiate a fair resolution.
Our Albuquerque nursing home emotional abuse lawyers will work to get your family full and fair compensation for:
- Past, current, and future medical expenses
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
How Long Do I Have to File a Nursing Home Emotional Abuse Claim in New Mexico?
New Mexico law imposes strict deadlines on legal claims against nursing homes. The statute of limitations for filing a lawsuit related to nursing home emotional abuse is typically three years from the date the abuse occurred or was discovered. However, certain factors may affect this deadline, including the case's specific circumstances and whether the victim is legally incapacitated.
Failure to file a claim within the designated time frame could result in losing the right to seek compensation. Acting quickly ensures that critical evidence is preserved, witnesses' accounts remain accurate, and the strongest case is built. Consulting with an attorney when suspected abuse can help determine the best legal strategy for pursuing justice.
How Our Nursing Home Emotional Abuse Attorneys Can Help You
We can assist you by:
- Investigation and Evidence Collection: Proving emotional abuse can be very challenging, as it does not leave physical marks. We work to gather key evidence, which includes medical reports, witness statements, caregiver records, and facility complaint histories.
- Advocating for Victims and Families: Emotional abuse victims may struggle to communicate their suffering because of fear or cognitive impairments. Legal representation ensures that their voices are heard and their rights are upheld. Families also receive guidance on how to protect their loved ones from further harm.
- Negotiating with Nursing Homes and Insurance Companies: Many nursing homes attempt to downplay or deny allegations of abuse. We handle negotiations to ensure that victims receive fair compensation for their suffering and that responsible parties are held accountable.
- Pursuing Legal Action When Necessary: If a fair settlement cannot be reached, filing a lawsuit may be the best action. An experienced legal team presents compelling arguments in court, demonstrating the nursing home's negligence and seeking justice for the victim.
Contact Our Nursing Home Emotional Abuse Attorney in Albuquerque
If you suspect a loved one has suffered emotional abuse in a nursing home, do not wait to take action. Our Albuquerque nursing home emotional abuse lawyers at Harvey, Foote & Baker is ready to fight for justice on your behalf. Contact us today for a free consultation to discuss your case and explore your legal options.
We will always fight for the best possible outcome. You have limited time to take legal action, so call (505) 295-2245 or contact us online to discuss your case with our Albuquerque nursing home emotional abuse lawyers today.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.
Real Clients. Real Stories.
Hear From Past Clients Who Have Worked With Harvey, Foote & Baker Law Firm
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There are no words to express my appreciation for everyone at the Harvey, Foote & Baker Law Firm. You gave my mom her dignity back and made sure she wasn't just a number. Of course, we would rather her still be with us but you enabled her to leave a legacy to her grandchildren. You helped us through the worst time of our lives and got justice for my mom. I always knew that I had the best team on my side!!Carla S.
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Our lives were changed by tragedy in December 2012, but the team at Harvey, Foote & Baker were a sight for sore eyes. We were lucky to have such smart and talented attorneys and staff who fought hard for us. I will never forget the professionalism, care, and sincere attention you always gave us. You've made a huge difference in my life, and I am grateful to all of you!Lydia S.
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The team at Harvey, Foote & Baker is wonderful and compassionate. They worked hard to help us after losing our father due to neglect of care. They continue to fight for our family, and we appreciate them so much. Highly recommend.Michael C.
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Harvey, Foote & Baker Law Firm is the team you want looking out for your best interests. You can rest assured knowing they are on your side. The many obstacles facing your case will be met by their dedicated team of professionals.Norberto G.
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“Having the BEST attorneys on our side brought about an even better than expected outcome. Thank you, Dusti, Jennifer, and all of your amazing staff!!”Mara H.
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“We were astounded by how thorough you were, delightful towards us, but tough against the other side. We were shocked that you were able to recover so much money for our family.”Cindy
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“Ms. Dusti Harvey and Ms. Jennifer Foote and their staff were an AMAZING firm to work with!!! Their staff kept me in the loop through the entire process.”Tammi L.
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“Dusty and her crew were there to pick up the pieces and made sure that they kept us informed from the smallest thing to the biggest. I will forever be grateful to you.”Hermelinda P.
