Boston Nursing Home Abuse Lawyers
Nursing home malpractice attorneys with a proven record of success
Massachusetts nursing homes are required to follow federal and state regulations, taking good care of their elderly and ill patients. But in some facilities, there has been a breakdown in care, and patients have experienced physical abuse and neglect. In the worst cases, staff members have actually resorted to hitting, pushing or improperly restraining a patient. They may get away with this behavior for an extended period due to a lack of supervision.
Breakstone, White & Gluck has extensive experience representing patients injured by nursing home abuse and negligence in Massachusetts. Our attorneys are thorough investigators committed to holding nursing homes financially accountable for wrongdoing. We fight relentlessly for our vulnerable senior citizens when they can’t fight for themselves. And liable parties refuse to play fair, our experienced trial attorneys will take negligent nursing homes to court to secure the justice your family deserves.
Common questions from injury clients
- What is nursing home neglect and abuse?
- How can your Boston attorneys help with my nursing home abuse claim?
- What are signs of Boston nursing home abuse or negligence?
- What are nursing home residents’ rights in Massachusetts?
- Do you have a nursing home abuse attorney near me?
What is nursing home neglect and abuse?
Per the National Consumer Voice, an advocacy group for quality long-term care, nursing home residents have certain rights to quality of care and life. This includes a life free of abuse and neglect.
- The organization calls abuse the “deliberate infliction of injury, unreasonable confinement, intimidation, or punishment, which results in physical harm, pain, or mental anguish. This includes verbal, sexual, physical, or mental abuse, as well as abuse enabled through the use of technology.”
- They define neglect as “the failure to provide goods and services to a resident that are necessary to avoid physical harm, pain, mental anguish or emotional distress. Neglect may or may not be intentional.”
Although signs of physical abuse are often noticeable, nursing home neglect may be more difficult to recognize at times. Neglect often happens when a Boston nursing home fails to provide adequate care or act in some way. The nursing home may have skipped essential steps of care, resulting in the patient's injury or death. Discovering a nursing home failed to maintain treatment records or made a medication error are red flags. Failure to observe and report a patient's textbook symptoms is also neglect and can delay necessary medical care.
In some of the worst cases, nursing home neglect and abuse can lead to emotional withdrawal along with serious physical symptoms. For instance, your loved one may be fearful and unable to communicate what happened to them. Physical symptoms may include infection, bed sores, illness, broken bones or head injuries.
Nursing home patients can also wander off and fall when there is no supervision. These falls are always serious because nursing home patients are used to sitting and have weakened muscles. When a patient falls, nursing homes have a responsibility to quickly respond and transport the patient to a hospital for medical care.
How can your Boston attorneys help with my nursing home abuse claim?
When your loved one is harmed, it’s not only important to remove them from harm’s way, but it’s vital to ensure it never happens again – to anyone. Our Boston personal injury lawyers can advise you on your legal rights. We can launch an investigation to determine if the nursing home breached its duty of care, resulting in your loved one's injuries or wrongful death. We are experienced at investigating injuries and working with law enforcement and the state of Massachusetts, which licenses and certifies health care facilities.
Investigation must begin immediately. After an incident, a nursing home may reassign staff, nurses and doctors involved in the patient’s care, with a goal of impeding an investigation. Documents can be revised or destroyed in violation of state law. Evidence may also be moved off-site or sanitized by cleaning services. We work to ensure this doesn’t happen.
Reporting nursing home neglect or abuse may result in numerous actions. The Massachusetts Department of Public Health may increase oversight at the nursing home. Police may pursue criminal charges in abuse cases. The state Attorney General's office also has authority to investigate systemic problems.
Our record of successful results
Here are a few of the nursing home negligence cases our Boston lawyers have successfully handled:
- $600,000 - Fall Injury. Our client’s loved one was left unsupervised in a nursing home. The resident fell, and the injuries proved fatal.
Check out some kind words from our clients on our Testimonials page.
Seeking compensation for your losses
In addition, Breakstone, White & Gluck can advise you of your legal rights to seek financial compensation for the negligence which caused your loved one’s injuries. Under Massachusetts law, you may be entitled to seek damages for medical care, pain and suffering and other financial losses, such as the cost of changing nursing homes. When the negligence and abuse lead to wrongful death, family members may have the right to seek punitive damages.
"I knew that Ron had my best interests at heart, and that I could trust him to help me make the right decision."
What are signs of Boston nursing home abuse or negligence?
Your loved one may show different symptoms or signs of abuse or neglect. These can be both physical and emotional, as well as include red flags on the part of the nursing home or long-term care facility.
- Medication errors
- Medication changes
- Violations of state and federal nursing home regulations
- Broken bones
- Bed sores
- Dehydration or weight loss
- Poor hygiene
- Staffing shortages
- Failure to keep medical records
- Limited access to your loved one after an injury
- No access to medical records related to the injury
- Social withdrawal
- Acting fearful around staff
- Missing money or possessions
- Behavioral changes
- Refusal to eat at regular mealtimes
- Refusal to take medication
- Anxiety or depression
- Instances of wandering (also called elopement)
- Unpaid bills
- Inability to explain personal finances and transactions
If you suspect your family member or loved one is experiencing abuse in a nursing home, the time to act is now.
What are nursing home residents’ rights in Massachusetts?
The Massachusetts Executive Office of Elder Affairs provides nursing and rest home residents these rights, among others:
- To be treated with respect and dignity, free from abuse and neglect.
- To have your personal preferences reasonably accommodated.
- To be informed of your rights and responsibilities as a consumer.
- To be free from physical or chemical restraints.
- To examine your own medical or personal records.
- To manage your own personal or financial affairs.
- To know your medical condition and participate in planning or refusing care.
- To privacy in personal matters, medical care, visits and sending or receiving mail unopened.
- To participate in social and religious activities of your choice.
- To be fully informed of any matter relating to your life in the home, including services or charges covered by the daily rate.
- To voice your concerns and problems, along with recommended changes, to facility staff or others.
- To receive 30 days written notice of relocation or discharge,
- and an opportunity to appeal such a notice.
- To have all reasonable requests responded to promptly.
Do you have a nursing home abuse attorney near me?
Breakstone, White & Gluck has an office in Boston at 2 Center Plaza #530 in Government Center. Our offices are within walking distance of the John Adams Courthouse and Suffolk County Superior Court, and there’s a parking garage in the building. The MBTA Green Line and Blue Line are right across the street at the Government Center T station, and there’s a bus stop almost in front of our office. If you are unable to travel because of your injuries, however, we can arrange a phone or video conference, or a hospital visit.
Boston nursing home abuse attorneys fighting for Massachusetts families
With over 100 years combined experience, Breakstone, White & Gluck is an award-winning Boston law firm known for our expertise in nursing home negligence and medical malpractice. If you or a family member was injured by negligence in a nursing home or a medical setting, our attorneys can help you understand your legal rights. For a free consultation, call our attorneys or use our contact form.