Protecting the Civil Rights of the Elderly
Protecting Elderly Individuals from Abuse, Neglect, and Discrimination
At Collins & Collins, P.C., we are dedicated to defending the rights of elderly individuals who face unique vulnerabilities in institutional settings such as nursing homes, assisted living facilities, and other care environments. Our legal strategy encompasses violations under the New Mexico Civil Rights Act (NMCRA) and Section 1983 of the Civil Rights Act, along with other pertinent laws including the Americans with Disabilities Act (ADA), the New Mexico Human Rights Act (NMHRA), and various tort claims.
Violations Under NMCRA and Section 1983:
Elderly individuals in state-regulated care facilities are protected under the NMCRA and Section 1983, which address civil rights violations by governmental actors. These statutes are crucial when employees or agents of state-run or state-funded institutions commit acts of abuse, neglect, or discrimination against elderly residents, violating their constitutional rights.
ADA Considerations:
The ADA mandates reasonable accommodations for elderly individuals with disabilities in all public facilities, including private nursing homes and care facilities. Violations occur when these facilities fail to provide necessary accommodations or discriminate based on disabilities, exacerbating the challenges faced by elderly residents.
New Mexico Human Rights Act Protections:
The NMHRA provides additional protections against discrimination on the basis of age, disability, race, color, national origin, sex, and religion. This act ensures that elderly individuals receive equal treatment and protection under state law, particularly within institutional settings.
Broader Legal Claims and Tort Actions
In addition to statutory protections, elderly individuals may be victims of various tort claims that encompass:
Medical Negligence:
Often arises from inadequate medical care provided in nursing homes and assisted living facilities. This includes failure to treat medical conditions properly, leading to deterioration in health or preventable complications.
Intentional Infliction of Emotional Distress:
Cases where the conduct of caregivers or institutional staff is so extreme and outrageous that it causes severe emotional distress to the elderly individual.
Negligence:
General negligence claims can be made for breaches of duty that result in harm to elderly residents, such as inadequate supervision, poor safety standards, and improper staff training.
Neglect:
Specifically focusing on the failure to provide basic necessities like food, water, or a clean and safe living environment.
Our Legal Approach
Collins & Collins, P.C. approaches each case with a deep understanding of the complexities involved in elder law and the specific vulnerabilities of elderly individuals in institutional settings. We use a detailed investigative and legal strategy to address both individual incidents and systemic issues within elder care facilities.
Litigation and Advocacy:
Our firm is committed to aggressive litigation against those who violate the rights of the elderly, whether through direct abuse or systemic neglect. We also advocate for stronger enforcement of existing laws and the implementation of stricter regulations to ensure the safety and dignity of elderly individuals in institutional care.
How We Can Help
If you or a loved one has experienced abuse, neglect, or discrimination as an elderly individual in a care facility, contact us today. Collins & Collins, P.C. offers comprehensive legal representation to protect the rights of the elderly and ensure that they are treated with the respect and care they deserve.