Archibeque Law Firm Blog

By Archibeque Law Firm 30 Aug, 2017
When you make the difficult decision to place your loved one in a nursing home, you have a reasonable expectation that they will be cared for and treated with dignity and respect. Unfortunately, this is not always the case. Abuse and neglect can come in many forms, including: physical abuse, emotional abuse, financial abuse, and sexual abuse.

It’s important to be able to identify abuse in a nursing home as a way to help protect your loved one, but what should you be on the lookout for? Some common signs of nursing home abuse include:

Types of Nursing Home Abuse

  • Bruises and cuts
  • Unsanitary conditions
  • Emotional withdrawal
  • Untreated bedsores
  • Malnutrition and dehydration
  • Silence around caretakers
  • Falls and broken bones
  • Sudden financial difficulties
  • Bills left unpaid by the senior
  • Changes in the senior’s will or in power of attorney
Often, nursing home residents are ashamed to come forward and tell anyone of the difficulties they are experiencing. As a result, it’s important that families keep a close eye on loved ones in nursing homes and seek legal counsel if they believe that abuse may have taken place.

New Mexico Nursing Home Abuse Attorney Help

If you suspect your loved one is being abused or neglected in a nursing home, contact an experienced nursing home lawyer today for a free consultation . Compensation for damages in a nursing home abuse lawsuit can include medical bills, pain and suffering, disfigurement and disability. New Mexico personal injury attorny Ron Archibeque is experienced in this area of law and can assist you and your loved one.  (505) 750-2363.
By Archibeque Law Firm 17 Aug, 2017
The choice to put an aging loved one in an assisted living facility is never an easy one. Nursing homes can be held responsible for injuring residents because of negligence, abuse and involuntary seclusion. Other reasons can include violations of regulations pertaining to their licensing, maintenance, and general operation.

There are several different incidents a New Mexico nursing home may be found liable in the care of your loved one:

  • Inadequately trained staff - if the staff is not properly trained it can lead to insufficient care resulting in neglect, injury, or death.
  • Understaffing – when nursing facilities do not have enough staff to give each patient adequate attention, it leads to mistakes and neglect.
  • Negligent hiring - nursing home administrators have a duty of care to residents, and this duty of care includes hiring personnel who are properly qualified and have no record of abuse or violence.
  • Medication errors - if staff fails to provide correct drugs or proper doses of drugs they can be held accountable.
  • Resident isolation - under the law, nursing home staff may not restrain or seclude residents for discipline or for their own convenience.  
  •  Third-party responsibility claims – a nursing home can be found liable if they failed to provide adequate security to prevent any abuse caused by third parties within the residence.
  • Breach of statutory or regulatory rights - nursing home residents are entitled to autonomy, dignity, and privacy. A nursing home can be held liable if one of its employees violates these fundamental rights.


If you or a loved one has been the victim of nursing home abuse, Ron Archibeque is a qualified personal injury attorney with experience in this area.   Mr. Archibeque will work closely with you and your loved one to uncover the facts surrounding how an injury occurred and work towards a favorable settlement or lawsuit against the nursing home facility. Contact Archibeque Law Firm at 505-750-2363 to set up a free consultation today.
By Archibeque Law Firm 29 Jun, 2017
Did you know that wrongful death claims in New Mexico fall under personal injury law? As such, a wrongful death claim will proceed in much the same way as a personal injury claim in terms of the legal process, rules, deadlines and law.

In a personal injury claim, the person who was injured usually makes the claim. However in wrongful death cases, the injured person is deceased, so someone else must make the claim.

What is “Wrongful Death?" In New Mexico, wrongful death is defined as a death “caused by the wrongful act, neglect, or default of another.” A wrongful death happens when someone dies because of the negligent or intentional conduct of someone else.

Who Can File a Claim? Immediate family members like a spouse, a mother or father, a sibling or a child may file a wrongful death lawsuit. In New Mexico, your case must be filed by a designated representative of the deceased’s estate.

When Do You need to File Your Case? In New Mexico the statute of limitations for a wrongful death case is 2 to 3 years, depending on the circumstances surrounding the death.

How will Damages be Determined? Damages are determined based on pecuniary injury as well as non-economic damages. Many factors include the relationship to the deceased, age, potential financial contributions, life expectancy, loss of companionship and mental anguish. Damages may also cover medical and funeral expenses as well as pain and suffering before the death.

If you have recently lost a loved one because of someone else's negligence or wrongdoing, you may be eligible to file a New Mexico wrongful death suit. Ron Archibeque is an Albuquerque wrongful death attorney who helps grieving families recover damages and ensures that the party who caused your loved one's death is held responsible. Contact Archibeque Law Firm at 505-750-2363 to set up a free consultation today.
By Archibeque Law Firm 19 Jun, 2017
Losing a loved one is one of the most traumatic experiences a person can go through, particularly if your loved one passes away unexpectedly because of another’s negligence. The stress of a legal case can be an impossible task to handle on your own. A wrongful death claim may arise as a result of:

  • Auto accidents
  • Medical malpractice
  • Nursing home neglect
  • Construction accidents
  • Defective products
  • Dangerous business premises
Whatever the cause though, receiving compensation for a wrongful death can help ease the strain, which can be a welcome relief for grieving families. Type of compensation includes:

  • Pain, suffering and mental anguish suffered before your loved one's death
  • Loss of companionship, guidance and care
  • Medical expenses incurred for treating a loved one before death can be compensated
  • Funeral and burial costs
  • Lost financial support and benefits. These are determined by the age of the victim, how long he was expected to live, his income when he died, and his projected future income.

Ron Archibeque is a compassionate and skilled New Mexico personal injury attorney. He will listen carefully to the details of your case, investigate the cause of the accident and pursue negotiations with insurance companies to get you the compensation you need to meet your financial needs now and later to rebuild your life. Contact Archibeque Law Firm at 505-750-2363 to set up a free consultation today .
By Archibeque Law Firm 24 May, 2017
When hospitals fail in its duty to protect their patients, the results can be disastrous. According to recent research by the John Hopkins School of Medicine, medical malpractice is the third leading cause of death in the United States, right behind heart disease and cancer. Many people do not realize that they may be eligible for compensation for hospital injuries, medical conditions or death resulting from medical malpractice.

Medical malpractice can take many forms and may not always be easy to recognize. Some common types include:

  • Physician error: This includes inadequate training, sleep deprivation, or working under the influence of alcohol or drugs.

  • Hospital mistakes: Many hospital errors are caused by under staffing, unclear safety procedures, failure to monitor, and poor communication.

  • Surgical error: Cases have been reported of wrong-site surgery, wrong-patient surgery, unnecessary surgery, amputation error, and foreign objects left inside a patient.

  • Diagnosis error: Common medical errors include failure to diagnose, misdiagnosis and delayed diagnosis.

  • Medication errors: Prescription errors, dosing mistakes, anesthesia-related errors, and drug interactions are unfortunately common medical failures leading to injury and death.

  • Birth delivery injury: Injuries resulting from obstetric error, delayed C-section, or the use of vacuum or forceps can cause birth injuries and severe brain damage.

When hospital errors result in harm to a patient, the hospital becomes liable for any damages sustained by the patient. Damages can include past, present, and future medical bills, medication expenses, nursing care, lost wages, and compensation for pain and suffering.

Ron Archibeque is an experienced personal injury lawyer in Albuquerque who will help you navigate the often complex litigation process of medical malpractice cases and work to help you receive the compensation you deserve. Contact Archibeque Law Firm at 505-750-2363 to set up a free consultation today .
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