Yes—you can sue a nursing home for wrongful death in Massachusetts when someone dies as a result of abuse or neglect. It’s hard for families to ask this question, especially when they never expected to lose a loved one at the hands of a nursing home.
However, knowledge is power, and the more you understand your rights, the more equipped you will likely feel to pursue compensation in your case. In doing so, it’s important to call a Boston nursing home abuse lawyer as soon as possible.
The sooner you contact an attorney, the more time your legal counsel will have to review the details of your circumstances and start holding the at-fault parties accountable. You’ll be able to trust your attorney to protect your family’s rights and prevent you from being pressured or dismissed.
Why Your Loss in a Wrongful Death Case Feels Preventable
Wrongful death cases involving nursing homes rarely begin with a single event that catches the attention of loved ones. More often than not, the death of your family member resulted from a pattern of behavior that was either undetected or explained away.
Unfortunately, many families end up looking back and realizing they were aware of many warning signs, though they convinced themselves they were overreacting. These are concerning factors that many families are wrongly told not to worry about:
- Repeated falls
- Rapid weight loss or dehydration
- Worsening bed sores
- Infections that were not treated quickly
- Sudden changes in behavior or alertness
When those patterns result in someone’s death, families are often left asking whether earlier intervention could have changed the outcome. Many family members live with a lot of guilt as a result, and it doesn’t hurt to speak up right away, even if it ends up being nothing in the end.
What “Wrongful Death” Means in Massachusetts
In Massachusetts, a wrongful death occurs when someone dies as a result of another party’s negligence or misconduct. In the context of nursing home deaths, this often comes down to failures in basic care, overall supervision, or medical responses.
Wrongful death claims focus on two main points:
- What your loved one was put through before they passed
- What your family lost as a result of your loved one’s death
It’s important to note that these cases are not limited to obvious abuse alone. Neglect is often enough to constitute the pursuit of a wrongful death case.
Neglect Might Be the Root Cause of Your Loved One’s Death
Neglect is a very common contributor to wrongful death cases in nursing homes. While the news that someone you love died often comes as a shock, the death itself is not always surprising, particularly when neglect was involved leading up to the moment they died.
Here’s what neglect often looks like:
- Failing to give someone their routine medications
- Choosing not to monitor the status of infections
- Allowing hygiene to deteriorate to the point of sepsis
- Looking away rather than offering adequate supervision, resulting in falls
- Responding to emergencies in a delayed fashion
Over time, these actions—or the lack thereof—often compound to the point where the outcome is fatal. Even though there was not a single moment that seemed extreme enough to cause death on its own, multiple instances of neglect add up eventually.
Why Nursing Homes Move Quickly After Someone Dies While in Their Care
When a resident dies unexpectedly, nursing homes often respond with urgency, but it’s not always for the reasons families might assume. Incident reports are drafted almost immediately, internal reviews are launched, and supervisors meet with staff.
Employees are often coached on how to document the resident’s death or explain what led up to this moment. Ultimately, these steps are presented as a routine procedure, yet they also serve to protect the facility and shield it from liability.
Here’s what else often happens in the hours and days following a death:
- Memories are still fresh and intact
- Records are being created and finalized
- Important details are favorably phrased through wording choices and omissions
Once the documentation of your loved one’s death is finalized, it becomes much harder to challenge these matters. Medical charts, care logs, and staff statements tend to form the backbone of investigations, meaning the first version of events is often the official one.
During this time, families are frequently given only high-level explanations. They are usually told that their loved one’s death was unavoidable, that all protocols were followed, or that the resident was already in decline prior to their passing away.
These reassurances discourage further questions, especially when families are grieving and overwhelmed. Meanwhile, the facility is likely already preparing a carefully constructed narrative that limits liability and reduces scrutiny, which is why timing matters so much.
Contact Us if You are Thinking About Suing a Nursing Home for Wrongful Death
For those wondering if you can sue a nursing home for wrongful death, the answer is yes, as long as neglect, abuse, or other failures regarding your loved one’s care contribute to a loss that would have otherwise been preventable.
Thankfully, Massachusetts lets families hold at-fault parties accountable. However, as eager as you likely are to pursue compensation on behalf of your loved one, these cases are often highly emotional. For support during such a stressful time, contact Jason Stone Injury Lawyers.
We take care of our own because Massachusetts is our home. Over the past 21-plus years in business, we’ve helped 15,000 people recover over $250 million. Thanks to our Stone Cold Guarantee®, you never need to reach into your pocket to pay us. We’re here for you.
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