Fine Law Firm
Fine Law Firm
  • Home
  • About the Firm
    • Firm Overview
    • Meet Our Attorneys
    • Common Questions & Answers
    • Blog
    • Videos
  • Practice Areas
    • Vehicle Accidents
    • Medical Malpractice
    • Premises Liability
    • Product Liability
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • View All+
  • Locations
    • Alamogordo
    • Carlsbad
    • Clovis
    • Farmington
    • Gallup
    • Hobbs
    • Las Cruces
    • Rio Rancho
    • Roswell
    • Santa Fe
  • Results
    • Case Results
    • Testimonials
  • Compare Our Fees
  • Contact Us
24/7 AvailabilityFree Consultation Hablamos Español
Contact Us Hablamos español (505) 889-3463

At Fine Law Firm,
Your Case is Personal

Free Consultation

State Court Finds Potential Liability for Mandatory Reports of Elder Abuse

Free Consultation
May 27, 2016 | Posted in Firm News, Nursing Home Abuse

Earlier this May, the Supreme Court of the State of Washington released its opinion in a tort claim originating from a tragic death back in 2009. According to the court’s opinion, an elderly woman died from morphine intoxication while she was residing at an adult family home. After the woman’s death, the family’s representative brought a lawsuit against several individuals who were involved in the care of the elderly woman, including the nursing services company that employed the nurses.

Specifically, the family claimed that two nurses saw the signs of abuse but did not report them to the Department of Social and Health Services. At trial, the defendants moved to dismiss the case, claiming that the state statute did not automatically create a cause of action against those who  fail to report abuse, even if they are mandatory reporters. The trial court and the Court of Appeals both agreed. However, the plaintiffs appealed the suit to the Supreme Court.

The Supreme Court reviewed the state statute and held that the act does in fact create a private cause of action against those mandatory reporters who fail to report neglect or abuse. Furthermore, they found that there was a genuine dispute of a material fact, and therefore the lower court should not have granted summary judgment in favor of the defendants.

New Mexico Mandatory Reporting Duties for Children and the Elderly

Mandatory reporting is a term that is used to describe individuals who have a legally imposed duty to report certain types of abuse to government authorities. Often, mandatory reporting is used in the context of elder and child abuse, and the duty is mostly imposed on physicians, nurses, teachers, and other similarly situated individuals.

If an elderly loved one is injured or killed due to the abuse of a caregiver, there may be additional parties from which recovery is available. To learn more, speak with a dedicated New Mexico nursing home negligence and abuse attorney.

Has Your Loved One Suffered in a New Mexico Nursing Home?

If you have a loved one in a New Mexico nursing home, and you believe that they may be suffering from abuse or neglect, you may be entitled to monetary compensation. Nurses have a duty to care for their patients, and other parties may have a duty to report abuse in some situations. In New Mexico, these cases can be tricky because although there is a written statute, it has been interpreted differently by the courts, and this could affect a civil lawsuit. However, the attorneys at the Fine Law Firm have many years of experience handling nursing home abuse lawsuits and can represent your best interests. If you are successful, you may be entitled to monetary compensation for the injuries you or your loved one suffered. Contact an attorney at the Fine Law Firm today to schedule your free initial consultation at 800-640-6590.

More Blog Posts:

Court Holds City Employee Not Entitled to Immunity in Premises Liability Case, New Mexico Personal Injury Lawyer Blog, April 7, 2016.

State Court Holds Recreational Immunity Does Not Apply to Hot-Air Balloon Company Providing Free Rides on Another’s Property, New Mexico Personal Injury Lawyer Blog, May 4, 2016.

Request FREE
Consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.

Recent Posts

  • Fine Law Firm Requests Investigation Into Gustavo Gomez’s IAFD Tenure
  • Albuquerque’s Toxic Police Subculture
  • Filing an Amazon Accident Claim
  • Evidence You Need for Your E-Scooter Accident Claim
  • Do You Need Insurance Coverage to Ride an E-Scooter in New Mexico?

Categories

  • Aggressive Driving
  • Auto Accidents
  • Bicycle Accidents
  • Bike & Pedestrian Accidents
  • Brain Injury
  • Burn Injury
  • Bus Accidents
  • Car Accidents
  • Catastrophic Injury
  • Construction Accidents
  • Dog Bite
  • Drunk Driving
  • E-Scooter Accidents
  • Firm News
  • Government Liability
  • Insurance Companies
  • Legal Research
  • Legal Terminology
  • Medical Malpractice
  • Motorcycle Accidents
  • New Mexico Laws
  • Nursing Home Abuse
  • Oddities
  • Pedestrian Accidents
  • Personal Injury
  • Personal Injury FAQs
  • Personal Injury News
  • Personal Injury Verdicts
  • Police Brutality
  • Premises Liability
  • Product Liability
  • Relevant Personal Injury Case Law
  • Rideshare Accident
  • Slip & Fall
  • Spinal Injuries
  • Sporting Injuries
  • Traumatic Brain Injury
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorist
  • Work Place Injury
  • Wrongful Death

Archives

  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
Risk-free guarantee

Contact us for your free consultation

Risk-free guarantee

Contact us for your free consultation

Consent*

By submitting this form and signing up for texts, you consent to receive informational text messages regarding case details, and ask for the documents, including status updates and reminders for important dates or notifications, from Joseph M Fine PA at the number provided, including messages sent by an autodialer. Consent is not a condition of purchase. Message & data rates may apply. Message frequency varies. Unsubscribe at any time by replying STOP. Reply HELP for help. Privacy Policy. Terms and Conditions.

* Required Fields
This field is for validation purposes and should be left unchanged.
This field is for validation purposes and should be left unchanged.

Faqs
In selecting injury attorneys, the client should consider the following questions:

Do the attorneys have a history of winning cases like mine?

Do I trust the attorneys to act in my best interest rather than their own?

How do the attorneys’ fees compare with others?

View more faq’s
Fine Law Firm
Hablamos Español
Contact Us Hablamos español (505) 889-3463
Fax (505) 242-2716
Our Office Locations
Our Albuquerque Office
220 9th St NW
Albuquerque,
NM 87102
Get Directions

Copyright © 2025 by Fine Law Firm

  • Disclaimer
  • Privacy Policy