When a person acts without reasonable care, or without taking reasonable precautions to protect others from harm, then any injuries that result from that individual's actions may, based on the facts of the case, be compensable under a legal negligence theory of personal injury. In New Mexico and states throughout the country, negligence serves as the basis for many of the nursing home neglect cases that arrive in civil courts and that paint the tragic stories of victims who suffered harm while under the care of nursing and residential care homes.
In the context of a nursing home there are many ways that staff members, doctors and facility administrators can allow residents and patients to suffer harm due to negligence. For example, a nursing home may fail in its duty to hire and retain sufficient staff members to ensure that its patients are supervised, cared for, and provided with the medications and treatments that they require.
Negligence may present itself in the maintenance of a nursing home facility. If a home has dangerous steps that residents must use, dark halls that residents must negotiate without running into obstructions, or heavy furniture that may fall on residents, then any accidents that result from the home's negligent use of these structural elements may form the bases of legal claims.
Specific cases of nursing home neglect or abuse should be taken seriously, and perhaps discussed with personal injury attorneys who represent victims of these horrific situations. While it is not possible to predict or guarantee outcomes in nursing home neglect and abuse cases, victims who pursue negligence claims against the homes and individuals who cause their harm may be able to recover damages to compensate them for their losses.