Nursing Home Negligence
Legal Guidance for Injured Elderly Residents and Families in Boston
Laws at the state and federal levels are intended to help nursing home residents receive the appropriate care and attention. Unfortunately, however, some facilities fail to adhere to their requirements. In some instances, these violations are willful, while others are careless. Whether or not the behavior was intentional, it can cause injuries, trauma, and permanent harm to nursing home residents as well as their family members. At The Law Offices of Barry Feinstein & Affiliates P.C., our Boston nursing home negligence lawyer understands what elderly victims and their families are enduring during this time. We can ensure that you receive the personal care that you deserve while protecting your legal rights throughout the process. Our lead attorney has over 25 years of experience advocating for injured Massachusetts residents or families of people who have died in a nursing home.
Identifying Nursing Home Negligence and Abuse
If you are a victim of nursing home negligence or abuse, or a family member of a victim, you may have a claim for financial compensation from the facility responsible for the elderly individual’s care. There are certain ways to detect nursing home abuse. Some are much more obvious than others, however. When it comes to physical abuse, bruises, scrapes, cuts, rapid weight loss, and a disheveled or unkempt appearance are a few common signs. An individual who gets sick at an uncommonly frequent rate, who does not appear to receive regular baths, or who suffers from dehydration also may be experiencing abuse or neglect.
There are also other types of abuse that a nursing home resident can suffer, including emotional and psychological abuse. A nursing home negligence attorney can help Boston residents or their families bring a claim based on any of these forms of abuse. A nurse or staff member may use his or her position to exploit an elderly individual. Since some elderly individuals suffer from illnesses like dementia or Alzheimer’s that can make it more difficult to communicate to the outside world, it can be hard to know whether emotional abuse is taking place. There are often no physical signs of emotional abuse, but a resident who becomes withdrawn or who acts distraught or contrary to their usual manner may be a victim. Two other potential types of abuse that are important to take seriously are financial abuse and sexual abuse.
Establishing Your Right to Recovery from a Negligent Facility
According to Massachusetts law, nursing home facilities are required to provide a minimum level of care and attention to nursing home residents. In general, this includes providing for medical needs and daily care, as well as ensuring that the resident has a safe and home-like environment. Nursing homes are required to prepare an individualized care plan for each resident, to have staff on hand 24 hours a day, and to identify any specific or special needs that each resident may have. They are also required to provide nutritious meals, medications, and assistance with daily tasks like bathing, dressing, or walking.
If a Boston nursing home negligence attorney is able to show that the victim suffered damages as a result of a nursing home’s failure to provide these things, they likely will be entitled to compensation. One of the most critical steps in the lawsuit is establishing causation. In other words, the plaintiff must show that they would not have suffered harm but for the facility’s negligence. This can be a challenging element of the lawsuit in situations in which the elderly individual suffered from serious, pre-existing medical conditions. As a result, it is a good idea to consult a knowledgeable attorney to assess your claim and to work with any necessary experts. When it comes to damages, the plaintiff can seek compensation for medical bills, future medical care costs, and pain and suffering, among any other costs and losses that may have arisen.
Consult a Dedicated Nursing Home Negligence Lawyer in the Boston Area
At The Law Offices of Barry Feinstein & Affiliates P.C., we want each client to know that they are receiving the diligent and responsive legal counsel that they deserve. Available to serve residents in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody, we are deeply committed to this community and to fighting the abuse and mistreatment of elderly citizens. To schedule a free consultation, call us at (800) 262-9200 or contact us online. We also handle claims arising from slip and fall accidents, car accidents, workplace injuries, incidents involving defective products, and other accidents.
COVID-19 continues to sweep through Massachusetts nursing homes and assisted-living facilities. As of May 2, 2020, there are 66,263 COVID-19 cases in Massachusetts, and there