Española Nursing Home Wrongful Death Lawyer

Española Nursing Home Wrongful Death Attorney

Losing a loved one is never easy, and when it’s due to negligence or abuse at a nursing home, it can be particularly painful. Nursing homes should be a place of compassion and professional care for elderly or vulnerable family members, but unfortunately, that is not always the case. When a nursing home does not meet its responsibilities, the results can be devastating. A Española nursing home wrongful death lawyer can help you get the answers you deserve.

About Egolf + Ferlic + Martinez, LLC

No family should ever have to face the wrongful death of a loved one due to the negligence of a nursing home. If this has happened to you, it is important that you have a legal team that is not only aggressive but also compassionate and well-versed in New Mexico law. That is why the team at Egolf + Ferlic + Martinez, LLC takes the stress of the legal process off your hands so you can concentrate on recovering.

We understand that the loss of a loved one creates emotional turmoil for you and your family. The process of filing a wrongful death claim takes time and resources, which should be managed by a wrongful death attorney who has the necessary experience. We can navigate the complex legal system on your behalf so you can focus on your family after such a devastating loss. With decades of combined experience, we have a comprehensive understanding of wrongful death laws and can fight on your family’s behalf.

Understanding Nursing Home Wrongful Death Cases

Wrongful death in nursing homes can happen when a resident is killed as a result of neglect, abuse, or a preventable medical error. Profit-driven decisions and a lack of proper staff training in Española and throughout New Mexico create conditions for tragic incidents in facilities. Neglect can be identified through: 

• Untreated infections
• Severe bedsores
• Malnutrition
• Dehydration
• Medication errors

In other cases, wrongful death may result from abuse or physical injury. State inspection reports show that over a third of nursing homes in New Mexico have been cited for serious deficiencies. Close to 88% of facilities have at least one violation. These figures demonstrate that families must be watchful and that civil claims are frequently required to demand accountability and improved care standards.

Additionally, New Mexico nursing homes had an average of 47.1 yearly health deficiencies resulting in citations from 2018 to 2023, and the U.S. average was 27.2 for the same five years.

Signs That Neglect Led to Wrongful Death

In many cases, family members don’t realize something is wrong until they notice a significant and often sudden decline in their loved one’s health. Some signs that point to a negligent cause of death include:

• A rapid decline in your loved one’s health
• Weight loss
• Dehydration
• Malnutrition
• Infections, especially those left untreated
• Bedsores
• Other open wounds
• Repetitive slips and falls
• Unexplained injuries
• Poor hygiene
• Poor living conditions

It’s important to note that it adds another level of suspicion if these signs are there without explanation from the nursing home or with explanations that seem weak. For instance, if they claim your loved one fell down the stairs due to an injury, but they did not have access to a staircase.

Filing a Wrongful Death Claim

A wrongful death claim does not just seek financial restitution on behalf of the survivors. Families can and should recover monetary damages for medical bills, funeral and burial expenses, emotional distress, and loss of companionship. By filing a claim, facilities are examined for neglect patterns, which can compel nursing homes to improve care standards and protect other residents from a similar fate.

Time is of the essence in these cases. In New Mexico, the law usually allows three years from the date of death for family members to file a wrongful death claim. If you miss this window of opportunity, your case will be dismissed.

Hire a Nursing Home Wrongful Death Lawyer

Local representation is important if you have a wrongful death claim. Nursing home wrongful death cases may be litigated in the First Judicial District Court, which covers Rio Arriba County. Our attorneys know the court system and can walk you through the process. When you seek justice through civil court, you are holding negligent facilities accountable and making sure that abuse and neglect do not go unchecked while ensuring your loved one’s story is heard.

FAQs

What Is the Maximum Payout for Wrongful Death?

In New Mexico, there is typically no limit on damages in a wrongful death claim, and a court may award damages as it deems appropriate based on the circumstances. These damages may cover medical bills, funeral costs, and pain and suffering, among other losses. There are a few exceptions, depending on the type of wrongful death case. For example, the New Mexico Tort Claims Act limits the amount of damages that a person may be awarded against a government entity to $750,000 per occurrence.

What Evidence Is Needed for a Successful Nursing Home Claim?

To prove a nursing home claim, a family will need to have access to medical records, witness testimony, staff schedules, inspection reports, and photographs of the victim’s injuries and/or substandard conditions. In some cases, it will also be necessary to use expert testimony to show that the facility violated generally accepted standards of care.

What Happens If Someone Dies in a Nursing Home?

If someone dies while at a nursing home, the staff is legally required to report it, notify the next of kin, and document the cause of death. In some cases, if neglect, abuse, or medical error is suspected to be the cause of death, families can request an investigation. When a wrongful death has occurred, a legal claim can be filed on behalf of the family by a court-appointed personal representative in order to receive compensation for their loss.

Contact Egolf + Ferlic + Martinez, LLC Today

If your loved one passed away due to the negligence of a nursing home, hire a nursing home wrongful death lawyer right away. Egolf + Ferlic + Martinez, LLC can help. Contact us today for a consultation.