When your loved one moves into a nursing home in New Mexico, you are trusting the facility and its staff to provide proper care. That care should be guided by a detailed, personalized plan created specifically for each resident.
If your family member entered a nursing home and did not receive a proper care plan, they may be at risk. If they suffered harm because a facility neglected or ignored their care plan, you may have a legal claim for seeking compensation on behalf of your loved one.
At PKSD, we help families hold nursing homes accountable when their negligent actions cause elderly residents to suffer mental, physical or emotional harm. Our legal team specializes in nursing home negligence and abuse cases, and we have extensive knowledge of what a care plan should be, how it should be utilized, and when facilities neglect their legal duty. We work diligently to protect your loved one and pursue the compensation your family deserves.
Was your loved one harmed due to nursing home neglect? Call PKSD for a free case evaluation today. 505-677-7777
What Is a Nursing Home Care Plan?
A nursing home care plan is a prepared document staff create when a resident is first admitted. It is specific to each resident’s specific health conditions, any disabilities they may have, daily needs, and any special circumstances – like being prone to wander, or early onset of dementia – that staff need to know about.
This care plan serves as a roadmap for staff. It tells them what medications to give, when to help with bathing, whether a resident needs help when eating, and how to prevent health problems like infections or falls.
Federal law requires every nursing home that accepts Medicare or Medicaid to create a care plan for each resident. New Mexico nursing homes must follow these federal rules along with state regulations.
What a Care Plan Typically Covers
Care plans address many aspects of daily life in a nursing home, including:
- Medical Needs: Current diagnoses, medications, and treatments the resident requires.
- Mobility Support: Whether the resident needs help walking, transferring from bed to wheelchair, or preventing falls.
- Personal Care: Assistance with bathing, dressing, grooming, and using the bathroom.
- Nutrition: Dietary restrictions, food textures, and help with eating or drinking.
- Mental Health: Cognitive conditions like dementia and strategies to support the resident’s emotional wellbeing.
- Social Activities: Ways to keep the resident engaged and connected with others.
Why Are Nursing Home Care Plans Vital to a Resident’s Well-Being?
Without a proper care plan, staff may guess or make assumptions about care. One aide might not know a resident needs physical help to walk or go to the bathroom. Another staff might be unaware that a resident needs thickened liquids to prevent them from choking. These gaps in knowledge can lead to serious injuries or even death.
Care plans help nursing homes prevent these most common types of resident harm:
- Falls: Identifies when residents are at risk for falling and outlines safety measures like bed rails, non-slip footwear, or regular assistance.
- Bedsores: Details when a resident needs frequent turning and repositioning to prevent painful pressure ulcers from developing.
- Malnutrition and Dehydration: Ensures residents receive proper nutrition and hydration based on their dietary needs and abilities.
- Medication Errors: Provides detailed medication needs to prevent dangerous mistakes like wrong dosages, missed medications, or even wrong medications.
- Infections: Outlines hygiene protocols and wound care to reduce the risk of infection.
- Wandering: For residents with dementia or cognitive conditions, the plan includes additional monitoring strategies to protect your loved one from wandering outside or off the property.
Care Plans Support Dignity and Quality of Life
A good care plan does more than prevent physical harm. It also addresses emotional and social needs.
The plan may include activities a resident enjoys, preferred routines, or communication strategies for someone with dementia. These details help staff treat each person with dignity and respect.
When Should a Nursing Home Resident’s Care Plan be Prepared?
Federal law sets strict deadlines for when nursing homes must create care plans. Every facility in New Mexico that accepts Medicare or Medicaid must follow these rules.
Timeline for Care Plans
Here is when care plans must be created:
- Baseline Care Plan: Within 48 hours of admission. This initial plan provides essential care instructions until the comprehensive plan has been prepared.
- Comprehensive Assessment: Must occur within 14 days of admission. The facility’s medical/interdisciplinary team evaluates the resident’s medical, physical, and emotional needs.
- Comprehensive Care Plan: Within 7 days of completing the assessment. This detailed plan addresses all aspects of the resident’s care.
- Updates: At least every three months. The plan must also be updated immediately anytime the resident’s condition changes significantly, such as after a fall, stroke, or a sudden/atypical behavioral change.
These deadlines exist to protect residents. The first weeks in a nursing home are especially critical. New residents need proper care right away.
Missing these deadlines violates federal law. If your loved one was harmed because an Albuquerque nursing home failed to create or update a care plan on time, you may have legal options.
Who Prepares a Nursing Home Resident’s Care Plan and is the Family Involved in the Process?
Creating a nursing home care plan is a team effort. Federal law requires multiple people to participate in developing and reviewing each resident’s care plan.
The team typically includes:
- Physicians: The resident’s doctor reviews a resident’s medical conditions and prescribes any treatments or changes to medication that are needed.
- Nursing Staff: The registered nurse and CNA (certified nurse assistant) who provide daily care and understand the resident’s medical needs.
- Social Workers: Professionals who address emotional wellbeing and social needs.
- Therapists: Physical, occupational, or speech therapists if the resident receives these services.
- Dietary Staff: Nutritionists or dietitians who plan meals based on health requirements.
- The Resident: Federal law requires the resident to participate in their own care planning whenever possible.
- Family Members: The resident’s family have the right to be involved in the process.
Family Participation is a Legal Right
New Mexico nursing homes cannot create care plans without informing or including family members. Federal regulations require facilities to include residents and their families in care planning decisions.
The nursing home must inform family members when care plan meetings will occur. Families have the right to attend these meetings, ask questions, and provide input about their loved one’s needs and preferences.
Family members often know details that staff may not notice. They can share information about the resident’s habits, preferences, communication style, or health history. This knowledge helps create a better, more personalized care plan.
Family Involvement Matters – Especially When Residents Cannot Speak for Themselves
Family participation becomes especially important when a resident cannot speak for themselves. If your loved one has dementia or cannot communicate clearly, you may serve as their representative in care planning decisions.
If your loved one’s nursing home excluded you from having input into your family member’s care plan – or refused to listen to your concerns, they may have breached their legal duty.
Do Nursing Home Residents Have a Say in Their Own Care Plan?
Yes. Federal law gives nursing home residents the right to participate in creating and updating their own care plans. The resident’s goals, preferences, and desired outcomes must be included in the plan whenever possible.
Nursing homes must consult with residents about:
- Their daily routines
- Activities they enjoy
- The type of care they want to receive.
If a resident can communicate their wishes, staff must listen and incorporate those preferences into the care plan. Even residents with cognitive conditions like dementia have the right to participate to the extent they are able. When a resident cannot make decisions or communicate clearly, their family member or legal representative can speak for them.
What if a Nursing Home Fails to Create a Resident’s Care Plan?
If your loved one’s nursing home fails to create a care plan on time, they are in violation of federal law. Missing the 48-hour deadline for a baseline care plan is a breach of the nursing home’s legal duty to residents. You should take immediate steps to ensure your loved one receives the care they need and to protect them from any risk of harm.
What Families Can Do
If you are not contacted about a care plan meeting within the first two days of admission, these are some direct steps you can take:
- Ask the Director of Nursing: Ask whether a baseline care plan was created within 48 hours. Ask for a copy.
- Speak with the Administrator: If the nursing staff do not have, do not know, or won’t respond to your questions, contact the facility administrator directly.
- Request a Care Plan Meeting: Ask when the comprehensive care plan meeting will be scheduled and make sure it is scheduled when you can attend.
- Contact the Ombudsman: Reach out to the New Mexico Long-Term Care Ombudsman program for assistance and guidance.
- Document Your Requests: Write down the date and details of when you asked for information. Include the names of any specific person you spoke with and the response you received.
Do not assume the nursing home created a care plan just because your loved one was admitted. Ask directly and make sure you get a copy of the plan.
Common Injuries From Missing or Ignored Care Plans
Residents in New Mexico nursing homes are at risk of serious harm when facilities neglect to follow care planning requirements.
Serious or life-threatening harm that may result from not having a care plan includes:
- Severe Falls: Without a plan identifying fall risks, residents do not receive proper supervision, safety equipment, or assistance when moving.
- Infected Bedsores: Staff miss repositioning schedules, allowing painful pressure ulcers to develop and worsen.
- Medication Errors: Residents receive wrong medications, incorrect doses, or dangerous drug combinations when care plans are missing.
- Malnutrition and Dehydration: Dietary needs and feeding assistance are overlooked, causing weight loss and health decline.
- Choking Incidents: Residents with swallowing difficulties receive improper food textures without documented safety protocols.
- Wandering and Elopement: Residents with dementia leave safe areas or the facility entirely when monitoring plans are absent.
These injuries are not accidents. They result directly from a nursing home’s failure to meet its legal obligations.
FAQs Family Members Often Ask About Nursing Home Care Plans in New Mexico
Is Your Loved One a Victim of Nursing Home Neglect in Albuquerque? Call PKSD for Legal Help Today
Nursing home care plans exist to protect residents from harm. If your family member was harmed in a New Mexico nursing home because staff failed to create, follow, or update their care plan, you have legal options.
Our knowledgeable nursing home abuse lawyers in Albuquerque are prepared to hold your loved one’s nursing home accountable for their negligent actions. When we represent you, there are no upfront costs to pay. We work on a contingency fee basis, which means we only get paid if you do.
Call PKSD today at 505-677-7777 today. Let our family help yours.
