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Sepsis is an infection that gets into the bloodstream. It is a very serious condition and can quickly lead to permanent harm or death if not immediately detected and treated. Unfortunately, it often arises in settings where the medical providers themselves have failed to diagnose, treat or monitor the condition. Infection Begets Infection Sepsis develops…
Nursing Home Negligence & Abuse
Nursing Home Arbitration Clause Treated Like Any Other New Mexico Contract
The New Mexico Supreme Court revisited the issue of the enforceability of nursing home arbitration agreements following the United States Supreme Court‘s decision in Marmet Health Care Center, Inc. v. Brown. We discussed the Marmet case and how it would affect the New Mexico Court of Appeals‘ decision in earlier posts which are set out…
Motion for Arbitration by Defendant Does Not Automatically Halt Pending Nursing Home Lawsuit
Recently, in Weiss v. THI of New Mexico at Valle Norte, the New Mexico Court of Appeals looked into whether an arbitration clause in a nursing home resident contract can be used to avoid monetary sanctions awarded by the court in a pending nursing home abuse and neglect lawsuit. In this case, the plaintiff‘s estate…
Nursing Home Medication Errors
Many of us have loved ones in nursing homes. In addition to providing daily care, these facilities administer many different medications to their patients. Medication administration is a little different in nursing homes than in other settings since these facilities deal with live-in residents. In many ways, this makes it easier to ensure that patients…
Nursing Home Arbitration Provisions Must Not be “Unfairly” One-Sided in New Mexico
Many nursing home contracts, which a new resident is required to sign, contain a binding arbitration clause. An arbitration agreement is a contract stating that, if a dispute arises, the parties will not file a lawsuit in a traditional court of law. Instead, with an arbitration agreement, the parties will submit their dispute to an…
Financial Abuse and Exploitation in Nursing Homes
Financial exploitation of a resident is one of the many ways in which a senior can be abused while under the care of a nursing home. Stories are not uncommon of elderly patients being swindled out of their life savings by a professional caretaker or nursing home employee. There are many forms of financial abuse,…
Nursing Home Mandatory Arbitration Provisions – Sign at Your Peril!
A U.S. Supreme Court ruling earlier this year regarding mandatory arbitration provisions in nursing home contracts will most likely overrule an earlier New Mexico case that represented a victory, albeit a small one, for individuals injured in a nursing home. In general, nursing home admission documents contain mandatory arbitration clauses, under which patients give up…
Wandering and Eloping From A Nursing Home
Most people who admit a loved one into a nursing home do so because the senior requires constant care that they are not able to personally provide. The nursing home undertakes this responsibility, which includes supervising and ensuring that the resident does not put him or herself in a dangerous situation. Nonetheless, many residents manage…
Malnutrition and Dehydration in Nursing Homes
Dehydration and malnutrition have become so commonplace in nursing homes that many have called them “the silent killers.” According to a study by The Commonwealth Fund, 35 to 85% of nursing home residents suffer from malnutrition, and between 30 and 50% are underweight. Another study published by the Journal of the American Geriatric Society found…
Nursing Home Abuse and Medication Issues
The last thing that a person wants to worry about when they admit a loved one into a nursing home is the possibility of abuse through medication. There are several types of nursing home abuse that involve medication, and it is important to be aware of them to be able to identify and stop this…