Nursing homes are usually places of comfort, safety, and care for those in their golden years. However, each year, thousands of nursing home residents suffer from neglect and abuse in such facilities across the country, including right here in Boston. It’s a heartbreaking reality that leaves families feeling helpless and outraged.
If your family member has been victimized in a nursing home, Better Phone Stone®. The nursing home abuse lawyers in Boston at Jason Stone Injury Lawyers empathize with the victims of abuse and their families.
We have served over 15,000 clients and will fight for the rights of your loved one and hold the liable party accountable for their abusive actions. Call 24/7 to discuss your case with us. Our Boston personal injury lawyers are standing by and ready to partner with you.
What to Expect from Our Law Firm
If you hire Jason Stone Injury Lawyers, we’ll assign our dedicated Boston legal team to your case to make sure that all your needs are being met. Your team is assigned based on your situation to ensure a good fit. Meanwhile, your case manager will be responsible for handling all aspects of your nursing home abuse claim.
We will also assign an associate attorney to your case to examine evidence and look for ways to maximize your compensation. Furthermore, all of our Boston nursing home neglect attorneys collaborate with each other to evaluate your case’s strengths and weaknesses and come up with strategies to build a compelling argument.
We also provide you with our Stone Cold Guarantee®. With this, you have our word that we’ll be your one-stop shop for comprehensive legal services and support. For more information, contact us today.
What Are You Able to Sue a Nursing Home for?
The Boston Home, Springhouse, and other nursing homes and assisted living facilities in Boston prioritize the safety of individuals who aren’t able to care for themselves at home. If a facility resident is injured or passes away due to neglect, abuse, or negligence from a medical team or staff, the facility and those involved are liable and subject to being sued.
Get legal help if your family member living in a nursing home has bruises, bedsores, or other injuries that seemingly appear from out of nowhere. If warranted, your nursing home abuse attorney in Boston will help you sue for compensation for your loved one’s medical expenses, pain and suffering, emotional distress, and the cost of finding a new care facility for them.
Sadly, it’s possible that a nursing home is liable for severe dehydration or other fatal abuse. Caring and compassionate Boston wrongful death lawyers help the families of those who suffer this tragic loss. If you sue, your attorney will seek compensation for your late family member’s burial and funeral expenses, burial costs, medical bills before death, and pain and suffering.
How Long Does It Take to Settle a Nursing Home Abuse Lawsuit in Boston?
The time it will take to resolve your lawsuit will depend on your case’s complexity and other factors. Your Boston nursing home abuse lawyer will establish realistic expectations for your case. They will detail the legal process that comes after you file your lawsuit, which consists of the following steps:
- Investigation: Your attorney will review the facts of your case and gather medical records, legal contracts, police reports, photos of your family member’s injuries, witness statements, and other evidence to support your case.
- Discovery: Your attorney will share the facts of your case and evidence with the opposing legal team, and they will be allowed access to the information the defendant has as well. This allows both parties to formulate legal strategies and prepare their respective cases for trial.
- Negotiating fair compensation: Arriving at a settlement agreement before a case goes to court will save you time and money. If a settlement is reached, your case will close without a trial.
- Taking your case to court: If a liable party’s insurance company refuses to offer fair compensation, your attorney will represent you in court. At this point, a judge or jury will decide your case’s outcome.
Every situation is different, and while no law firm is able to predict exactly how long the process will take, it is in everyone’s best interests to complete the process as quickly as possible. If you’re wondering what to do if you suspect nursing home abuse, personal injury attorneys with relevant case experience will guide you through your next steps.
How Our Nursing Home Abuse Lawyers in Boston Prove Negligence
Elderly residents of care facilities are some of the most vulnerable citizens in our population. All rely, to some extent or another, on the care they receive from the staff and medical personnel hired by the facility. This vulnerability will make it difficult to prove negligence and underscores the importance of hiring a Boston nursing home abuse attorney.
Proving abuse or neglect requires evidence. Police reports, medical care reports, images of bruises or other injuries, witness statements, and testimony from the abuse or neglect victim all serve as proof of misconduct. Emotional abuse likely will be harder to prove, but it is no less important.
Document your family member’s symptoms or reports of abuse or neglect. Testimony relating to your loved one’s injuries, depression, fear, withdrawal, lack of social interaction, and sudden declining mental state will support your claim that they are the victim of physical and emotional abuse.
What Constitutes Neglect in a Nursing Home?
Neglect differs from abuse in that it involves failing to provide what a resident needs. It is considered purposeful or unintentional, with side effects including physical suffering or emotional or psychological trauma. Below are some of the types of abuse or neglect that are sometimes reported in nursing homes in Massachusetts:
- Lack of medical and dental care that leads to malnutrition, infections, sepsis, pressure sores, or other health problems
- Not addressing mental health needs
- Taking or stealing money or other forms of financial abuse
- Sexual abuse
- Medication errors
- Inadequate personal hygiene, bathing, changing clothes, and toileting
- Lack of food or hydration
- Lack of mobility assistance
- Name-calling or other forms of verbal abuse
- Not responding to requests for assistance
If you suspect a loved one is experiencing abuse in a care facility, call the authorities immediately to ensure that your family member is safe. Then, reach out to a Boston nursing home neglect attorney, as they will answer frequently asked questions and any others you have about Massachusetts’s regulations that apply to your case.
Massachusetts Regulations for Nursing Homes That You Need to Know About
In Massachusetts, nursing facilities are required to adhere to both state and federal guidelines through specific regulations covering a broad spectrum of administrative matters. These guidelines extend across several areas, including:
Admissions
When admitting new patients, nursing homes have to comply with stringent regulations, particularly concerning financial matters. Nursing home abuse lawyers in Boston will explain key factors relative to these regulations, such as:
- Prohibition against demanding third-party payment guarantees
- Ensuring patients have the freedom to select their pharmacy and physician
- Prohibition against imposing attorney fees on residents
- Prohibition against coercing residents into waiving a facility’s liability
- Limiting non-refundable deposits to an amount not exceeding one month’s care costs
Nursing homes in Massachusetts are also prohibited from discriminating against potential residents based on their payment source. Furthermore, they are frequently responsible for readmitting residents who have temporarily left to stay at a hospital. However, re-admission is contingent upon certain conditions.
Resident Transfers
Massachusetts nursing homes must refrain from transferring residents between distinct areas unless there is a valid cause. Residents have the right to challenge any proposed transfers, including relocations from a unit certified for Medicare to one lacking this certification.
Generally, nursing homes in Massachusetts are authorized to transfer or discharge residents in these instances:
- When a resident is no longer in need of care
- If their continued stay poses a risk to the safety or health of other residents
- When the facility ceases its operations
- If the resident no longer pays for the services rendered by the facility.
Bed Holding
Residents are entitled to reclaim their beds following a period of absence, whether for medical or non-medical purposes. Typically, Massachusetts facilities are required to reserve a bed for residents for 10 days.
In addition to these regulations, Massachusetts nursing homes must display information about patient abuse laws on every floor and make it accessible to the public, patients, and residents. This information must outline patient abuse regulations and provide guidance on reporting suspected incidents of abuse, neglect, mistreatment, and misappropriation.
Understanding the Duty of Care Nursing Homes Must Provide
Nursing homes have a duty of care to their residents, which means they have a legal obligation to provide a safe and nurturing environment. This duty of care includes ensuring the physical, emotional, and psychological well-being of residents. It requires facilities to provide adequate staffing levels, maintain proper hygiene standards, and prevent abuse or neglect.
Understanding the duty of care is crucial when seeking justice for your loved ones. By holding nursing homes accountable for their actions or lack thereof, you’re able to help prevent future instances of abuse and ensure the safety of all residents.
Trust Boston nursing home abuse attorneys who have received many positive client testimonials to teach you about the duty of care and how a breach of it likely will lead to harm. Your attorney will help you take legal action against a facility that chose not to uphold its duty to your loved one, resulting in negligence issues.
How Long Do You Have to Sue for Financial Compensation for Nursing Home Abuse or Neglect?
In Massachusetts, the statute of limitations for most nursing home abuse or neglect cases is three years from the date the harm occurred or was discovered. Consult with nursing home abuse attorneys in Boston if your family member residing in a nursing home shows signs or symptoms of abuse or neglect. Your attorney will explain if you’re able to file a claim or lawsuit.
The time limit for suing a caregiver, one or more staff members, or anyone else at fault for your family member’s abuse or neglect will vary based on the circumstances of your case. It’s crucial to seek legal representation from elder abuse attorneys to ensure that you meet all necessary deadlines and protect your loved one’s rights.
After you submit a claim or lawsuit following an incident of abuse or neglect, a liable party or their insurance company is prone to offer a settlement in the hopes of resolving your case outside of court. Have your attorney assess this proposal. Your lawyer will help you weigh this offer’s pros and cons and make an informed decision on it.
Our Boston Nursing Home Abuse Attorneys Proactively Address Your Legal Challenges
Standish Village, the Susan Bailis Assisted Living Community, and other assisted living facilities and nursing homes in Boston often provide elderly individuals with outstanding care and support. Yet, if a nursing home acts negligently, residents are susceptible to harm.
Jason Stone Injury Lawyers is a Massachusetts personal injury law firm that takes nursing home abuse and neglect seriously. Our team has recovered over $250 million in compensation for our clients. Allow us to assist you with your nursing home abuse case. To find out more, request a free case consultation. With us, there’s no obligation, just information®.
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