Losing a parent is devastating, but when that loss is preventable and the result of negligent care, New Mexico law gives you the right to pursue a wrongful death claim. The purpose of these cases is to hold nursing homes accountable when their failure to meet acceptable standards of care led to your loved one’s preventable death.
At PKSD, we represent victims of nursing home negligence in Albuquerque — and their families — who have lost loved ones to nursing home negligence. We investigate these deaths thoroughly and build compelling cases to ensure accountability.
Do you believe your parent’s nursing home death may have been negligence?
Call PKSD at 505-677-7777 to discuss your legal rights in a free consultation.
What Is Considered a Wrongful Death in a Nursing Home in New Mexico?
Wrongful death occurs in a nursing home if the caregiver acted negligently or recklessly, resulting in an injury that should never occurred. In nursing homes, this means the facility’s actions—or failure to act—directly caused your parent’s death. New Mexico law recognizes that nursing homes owe residents a duty of care. When they breach that duty and a resident dies, the family can pursue legal action.
Nursing home negligence that can lead to a wrongful death:
- Untreated Infections: Staff ignored signs of urinary tract infections, pneumonia, or sepsis until they became fatal.
- Bedsores That Turn Deadly: Pressure ulcers progressed to advanced stages, causing infections that entered the bloodstream.
- Medication Errors: Wrong dosages, wrong or missed medications, or dangerous drug interactions can cause organ failure, cardiac arrest, or other serious outcome.
- Falls Due to Inadequate Supervision: Residents with fall risks were left unattended or were improperly attending, leading to a fall that caused head trauma, internal bleeding, or other serious injury.
- Dehydration and Malnutrition: Inadequate monitoring caused a resident to suffer severe weight loss, organ failure, or death from preventable conditions.
- Choking Incidents: Staff failed to supervise residents who need assistance feeding themselves at meals due to swallowing difficulties.
- Wandering and Elopement: Facilities failed to properly secure exits, making it possible for residents with dementia to exit the building, wander off the premises, and suffer harm.
Each of these situations increases the risk of a preventable death. When Albuquerque nursing homes fail to meet basic care standards, families have legal options. Your parent’s death may qualify as wrongful death if negligence was a contributing factor.
How Can I Prove My Loved One’s Death Was Due to Nursing Home Negligence?
Proving nursing home negligence requires specialized knowledge and resources most families don’t have. These facilities may have access to corporate legal teams who respond within hours of a resident’s death. They know how to secure evidence, control the narrative, and build their defense before you even know what questions to ask. Without taking immediate action, medical records, surveillance footage, and witness statements from staff may be difficult to obtain.
Attempting to build a case on your own gives the nursing home a legal advantage, especially if you are going up against their attorneys. At PKSD, our experienced nursing home abuse attorneys know what exactly what evidence to demand, how to preserve it, and which experts to consult before critical information vanishes.
Evidence you need to support a nursing home wrongful death case may include:
- Medical Records: Complete documentation of your parent’s care, medications, vital signs, and staff observations.
- Facility Staffing Logs: Records showing how many nurses and aides were on duty when incidents occurred.
- Incident Reports: Internal documentation of falls, injuries, or concerning events the facility recorded.
- Witness Statements: Testimony from other residents, family members, or staff who saw what happened.
- Expert Medical Testimony: Healthcare professionals who can explain how proper care would have prevented the death.
- Facility Inspection Reports: State survey findings documenting violations or deficiencies at the nursing home.
At PKSD, we are prepared to act on your behalf immediately. We know how to obtain this evidence through legal channels that aren’t available to families acting alone. We issue subpoenas, depose staff members under oath, and hire medical experts to review records and help to identify where care failed. Nursing homes in Albuquerque, NM know they must respond to legal demands from attorneys — while they often ignore or delay responding to requests from families.
Legal Requirements for Filing a Nursing Home Wrongful Death Lawsuit
New Mexico law sets specific rules for who can file a wrongful death claim and when they must act. Missing these requirements means losing your right to hold the nursing home accountable. These aren’t just technicalities—they’re legal barriers that protect facilities when families wait too long or approach the case incorrectly.
Key legal requirements in New Mexico
- Statute of Limitations: You have three years from the date of death to file a wrongful death lawsuit in New Mexico.
- Proper Party Must File: Only a personal representative of the estate can bring the claim, not individual family members directly.
- Proof of Negligence: You must demonstrate the nursing home breached its duty of care and that breach caused the death.
- Damages Documentation: You need evidence of financial losses, medical expenses, and the impact of losing your parent.
- New Mexico Jurisdiction: The lawsuit must be filed in the correct New Mexico court based on where the facility operates or where the death occurred.
The three-year deadline seems generous until you realize how long investigations take. Medical records need review. Experts need consultation. Evidence must be gathered before the facility destroys it. Families who wait even one year face serious disadvantages.
PKSD handles all filing requirements and ensures your case meets every legal standard. We know which documents courts require and how to present evidence that withstands challenges from nursing home defense teams.
Steps to Take After a Parent’s Suspicious or Unexpected Death in a Nursing Home
The hours after your parent’s death determine what evidence survives. Nursing homes move fast to control information and clean up problems. What you do now protects your legal options later.
Immediate Actions to Protect Your Case:
- Request an Independent Autopsy: Don’t accept the facility’s explanation without an independent medical examination.
- Photograph Injuries and Conditions: Document bedsores, bruising, or concerning conditions before staff cleans the room.
- Do Not Sign Anything: Refuse release forms or settlement offers until you speak with an attorney.
- Get Staff Names: Find out exactly who cared for your parent in the final 48 hours.
- Demand Record Preservation: Submit written notice that all medical records, videos, and reports must be saved.
- Report to State Authorities: File a complaint with New Mexico’s Long-Term Care Ombudsman immediately.
Why You Need an Experienced Wrongful Death Attorney to Handle Your Case
You can’t undo what happened to your parent. But you can prevent the nursing home from treating their death like it doesn’t matter. Facilities that face no consequences continue operating the same way. More families lose loved ones. The cycle repeats.
At PKSD, we stop that cycle. We force nursing homes in Albuquerque, NM to answer hard questions they’d rather avoid. Our investigations reveal patterns of neglect, and we work diligently to secure the full and fair compensation your family deserves.
Need legal help for your nursing home wrongful death case? Call our experienced nursing home injury lawyers in Albuquerque today. We are highly qualified and ready to help.
Strict Deadlines Apply.
Call PKSD at 505-677-7777 today.
