Massachusetts laws provide nursing home residents with protections when residing in a nursing home or assisted living facility. These residents are entitled to appropriate medical care, a habitable environment, rights to make decisions regarding their care, daily care and attention, and freedom from abuse and neglect. Nursing home facilities that do not comply with these requirements may face liability for injuries that their residents sustain through a Massachusetts nursing home negligence lawsuit.
Despite strict rules and regulations regarding safety standards, many nursing homes barely pass inspections. Others outright engage in prohibited behaviors. Residents may not be able to articulate their injuries effectively, and loved ones must remain vigilant in spotting signs of abuse or neglect. Some common forms of nursing home abuse include:
- Verbal abuse, such as yelling threats and derogatory comments;
- Emotional abuse, such as withholding care;
- Physical abuse, such as shaking, kicking, and punching;
- Financial abuse, such as unlawfully taking control of a resident’s bank accounts; and
- Sexual assault.
There are some less obvious signs that abuse may be occurring, such as unexplained weight fluctuations, sedation, unexplained illnesses, depression, and infections. Nursing homes must abide by federal regulations regarding the care of their patients and the condition of their facilities. If they do not, they may face criminal and civil liability.
Deadly Fungus Found in Nursing Homes
Unfortunately, because of the design and nature of nursing home facilities, deadly infections can spread quickly, and nursing homes must take steps to limit exposure and harm to their residents. For example, recently, a national news report identified several hospitals and nursing homes containing a deadly drug-resistant fungus.
According to reports, almost 35,000 people die each year because of drug-resistant infections. Many prominent teaching hospitals, nursing homes, and health care institutions failed to report the rise of this fungus to doctors and families. However, a report from the Center for Disease Control (CDC) indicated that this particular strain is especially harmful to individuals with weakened immune systems, such as infants and older adults. Almost 50 percent of people who contract this fungus die within three months of exposure.
The CDC is urging health care facilities to make accurate assessments regarding whether admitting patients to their facility is safe. Furthermore, in an attempt to save lives, the CDC is exposing institutions that previously concealed the rise of the deadly fungus at their facilities. Nursing home facilities that intentionally hide potentially dangerous bacteria or fungi may face liability for injuries that their residents incur because of exposure to these conditions.
Have You or a Loved One Suffered Injuries in a Massachusetts Nursing Home?
If you or someone in your family sustained injuries or death in a nursing home, you should contact the Law Offices of Barry Feinstein and Affiliates, P.C. They understand the unique challenges that nursing home negligence lawsuits entail. They have experience overcoming common barriers to recovery and have recovered substantial compensation awards for their clients. Compensation in nursing home negligence cases often includes payments for medical expenses, rehabilitation treatment, and pain and suffering. Contact the Law Offices of Barry Feinstein and Affiliates, P.C. to discuss your rights and remedies at 800-262-9200.
