Verbal abuse represents one of the most subtle forms of elder mistreatment because it leaves no visible marks. Unlike bruises or bedsores that immediately raise concerns, the psychological wounds inflicted by cruel words, threats or humiliation remain invisible to the casual observer.
If you notice changes in your loved one and suspect verbal abuse in a nursing home, we encourage you to seek legal help from our knowledgeable nursing home attorneys in Santa Fe.
At PKSD New Mexico, we are fierce advocates for the elderly in nursing homes, and we are committed to helping you and your family seek justice. Learn more about your legal options by speaking to one of our highly qualified attorneys in a free consultation. Our firm charges no upfront costs or fees to engage our legal services. We only get paid if we win your case.
Schedule a free consultation today: 505-677-7777
How to Recognize Verbal Abuse in Nursing Homes
Verbal abuse in nursing homes often goes undetected because it leaves no physical marks. Knowing how to recognize the signs can help you to discern both obvious and hidden indicators.
Families should look out for:
- Changes in Your Loved One’s Behavior: Watch for unexplained behavioral shifts, such as a sudden withdrawal from social activities, visible flinching, or signs of fear or anxiety.
- Look for Signs of Abuse When You Visit: Observe caregivers as they go about their day, watch out for any staff who make derogatory remarks disguised as jokes or ignore residents who ask for assistance.
- Reports from Your Loved One: If your loved one complains about verbal mistreatment, such as being yelled at or a staff member verbalizing threats, be sure to take it seriously.
- Environmental Red Flags: Verbal abuse is more likely to occur in facilities where there is high staff turnover, chronic understaffing and limited supervision of direct care staff.
- Documentation Strategies: If you suspect verbal abuse, keep a detailed journal of concerning behaviors or incidents you witness. Be sure to note the dates, times and staff members present during any suspicious interactions you see.
Can I Sue a New Mexico Nursing Home for Verbal Abuse?
Yes, you can sue a Santa Fe nursing home for the verbal abuse of your loved one. New Mexico law recognizes verbal abuse as a legitimate form of elder mistreatment that merits legal action when it causes an individual to suffer emotional distress or psychological harm.
New Mexico provides several legal avenues to hold nursing homes accountable for verbal abuse. Some of the legal grounds for nursing home verbal abuse may include:
Negligence Claims
When nursing homes fail to properly screen, train or supervise staff who verbally abuse residents, they breach their duty of care. Negligent hiring can result in nursing homes being held liable for the emotional harm suffered by residents.
Intentional Infliction of Emotional Distress
This claim applies when nursing home staff intentionally engage in extreme and outrageous verbal conduct that causes residents to suffer severe emotional distress.
Violation of the New Mexico Adult Protective Services Act
This state law protects explicitly vulnerable adults from all forms of abuse, including verbal mistreatment. Violations provide grounds for civil litigation.
Who Can Be Held Liable for Verbal Abuse in Nursing Homes
New Mexico courts recognize that Santa Fe long-term care facilities bear ultimate responsibility for the actions of their employees, making the nursing home itself the primary defendant in most cases. They can be held responsible for negligent hiring and lack of supervision and oversight.
However, multiple parties may bear responsibility in verbal abuse cases, such as:
- Individual staff members who committed the abuse
- Administrators who failed to address reported incidents
- Corporate owners who created policies prioritizing profit over proper staffing
What Evidence Do I Need to Prove Verbal Abuse?
Proving verbal abuse in a nursing home presents unique challenges because this mistreatment rarely leaves physical evidence. Building a compelling case requires gathering specific types of documentation that collectively establish a pattern of abusive behavior, such as:
Direct Evidence of Verbal Abuse
The most substantial evidence comes from direct documentation of the abusive interactions. This may include audio recordings of abusive incidents if legally obtained under New Mexico law.
Footage from video surveillance or social media posts are strong visual evidence that can provide a sequence of how the abuse took place.
Eyewitness accounts from other residents, visitors or staff members also help to confirm statements made by the resident and family members. Written logs from staff members discussing disrespect toward residents can help to back up eyewitness statements.
Medical and Psychological Documentation
Professional evaluations provide crucial evidence linking emotional harm to verbal mistreatment. Psychological assessment can show proof of anxiety, depression or PTSD symptoms. Other documentation that can show evidence of verbal abuse may include:
- Medical records documenting physical manifestations of emotional distress
- Comparison of mental health assessments before and after suspected abuse
- Treatment records for psychological therapy or medication
- Professional opinions connecting observed symptoms to verbally abusive treatment
Facility Records and Documentation
These institutional records help establish the facility’s knowledge of problems and inadequate response. Internal nursing home records can provide crucial supporting evidence, such as staffing records showing who worked during incidents. Care plans may also indicate whether proper procedures were implemented or neglected.
Records can reveal numerous complaints and the facility’s corresponding responses or action plans if a facility has multiple internal issues. Additionally, training materials and records related to proper resident communication may expose understaffing issues or poor hiring practices.
Pattern of Behavior
Multiple incidents that occur over time strengthen your case by showing a pattern of behavior. You may be able to collect evidence of similar complaints from other residents and their families.
Other patterns you may want to document may include:
- Documentation of staff turnover rates and understaffing problems
- Records of previous state citations for similar issues
- Timeline correlating incidents with specific staff schedules
Steps to Take When You Suspect Nursing Home Abuse
After you notice the warning signs that your loved one may be suffering from verbal abuse in a nursing home, taking prompt and strategic action protects them from further harm. Follow these key steps to address suspected verbal abuse.
- Document Everything Thoroughly: Keep a journal documenting concerning incidents with date and staff name.
- Report the Abuse to the Facility Administration: Request a meeting with the nursing home administrator and present your concerns in writing.
- Contact New Mexico Adult Protective Services: Call the New Mexico Adult Protective Services hotline at 1-866-654-3219 and provide all document information about the suspected verbal abuse.
- Consider Immediate Safety Measures: Evaluate whether urgent intervention is needed. If it is, increase the frequency and unpredictability of your visits and consider moving your loved one after they have faced psychological harm.
Call PKSD if Your Loved One Is Suffering from Nursing Home Verbal Abuse
If your loved one suffered verbal abuse in a nursing home, experienced attorneys could help protect their rights. At PKSD, we have helped families seek justice against all forms of nursing home mistreatment.
Call our firm today for a free, non-obligated consultation about your concerns. Our compassionate attorneys will listen carefully, evaluate your situation and explain all your legal options.
Schedule your free case review today: 505-677-7777.
