Massachusetts Nursing Home Abuse Lawyer
It’s been some time since you helped your loved one move into a facility where his or her needs can be better met. At least, you hope that is the case. There may be some nights when you toss and turn thinking about it. Nursing home brochures often feature cozy apartments, warm nutritious meals, events, and activities, but you know advertising is not always reality.
If you suspect that someone you love is the victim of nursing home abuse or neglect, contact our experienced nursing home abuse Massachusetts attorneys at Jason Stone Injury Lawyers today. We have been working for abuse victims for years and know the steps to win you compensation for your family’s suffering so you can have restful sleep at night once again.
You expect the staff to treat your loved one with dignity, kindness, and respect, especially since nursing homes have a legal and ethical obligation to care for their residents. After all, administrators and nurses should actively work to prevent injuries and accidents from occurring. Yet, it may be up to you to hold caregivers to their standard of care. Nursing home abuse is disturbingly commonplace.
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Nursing Home Abuse Resources
Types of Nursing Home Abuse in Massachusetts
Sadly, some nursing home residents are like children, unaware of what is happening or how to defend themselves. If your loved one is similar, it is especially imperative to keep an eye out for the following types of abuse and neglect.
Bedsores are a common result of neglect in care facilities. In fact, it’s estimated that every 1 in 10 patients has a bedsore. These are easily prevented and treated, but bedsores can lead to critical condition and be deadly when left unattended.
Physical abuse. Physical abuse can include (but is not limited to) hitting, slapping, grabbing, or shoving. It can also involve the overuse of physical or chemical restraints, force-feeding, and overmedication.
Verbal/ emotional abuse. Your loved one deserves to have his or her dignity left intact, but it could easily be shattered. Staff members could make threats, yell, or hurl insults. Residents could also be emotionally manipulated when the staff threatens to not bathe or feed them if they report the abuse. Whether an abused resident has been threatened in this way or not, he or she might be afraid to ask to use the phone or get a snack for fear of the consequences.
Financial abuse. This happens when nursing home staff steal or exploit a resident’s financial assets in some way. This could include preventing a resident from accessing his or her own funds, cashing checks without permission, misusing a power of attorney, or forcing him or her to sign a will or some other legal document.
Sexual abuse. This often occurs with patients who suffer from dementia or are mentally incapacitated. The nursing home resident may be forced or coerced into engaging in sexual activity by a staff member, resident, or visitor.
Neglect. This is when nursing home staff either intentionally or unintentionally fail to provide care to residents. Common forms of neglect include leaving residents unattended for too long, failing to feed or bathe them, forgetting to administer treatment, failing to provide proper medical treatment, failing to clean their rooms, and leaving them unchanged for extended periods of time.
Please note the following warning signs that your loved one may be experiencing abuse:
What Are Some Signs of Nursing Home Abuse?
All too often, indications of nursing home abuse are brushed aside as symptoms of dementia or old age. Some residents don’t have the mental capacity to report the abuse or they’re ashamed to. For these reasons, nursing home residents rely on their families to recognize mistreatment and speak out and advocate for them.
If you identify any of these symptoms, contact the Massachusetts nursing home neglect attorneys at Jason Stone Injury Lawyers for a free consultation. Our Massachusetts nursing home abuse attorneys have years of experience with nursing home abuse cases and can identify warning signs of abuse that might otherwise go undetected.
When can a Nursing Home be Held Liable for Abuse and Neglect?
Nursing homes have an obligation to provide your loved one with proper care and treatment. When residents are deprived of the care they need, injury or even death can be the sad result.
When we prove that nursing home staff have acted negligently, they may be found liable for damages. If any of the circumstances listed below were a factor, your case will only gain momentum.
Negligent hiring. Nursing home administrators are required to hire properly qualified nurses and other staff members. Thorough background checks should be done on all potential employees, and eligible candidates must have a record free of violence or abuse.
When employees aren’t properly researched before hiring, then nursing home residents are put at risk. This could result in the nursing home being held liable if the employee neglected or abused a resident.
Understaffing. A nursing home’s staff should be sufficient to meet the needs of each and every resident. According to the CDC, there should be 1 staff member to every 1.64 residents in a nursing home. Tragically, this often isn’t the case, and many nursing homes remain understaffed.
Administrators at times reduce employees to cut labor costs in order to increase their own profit. This is unacceptable and puts the health and safety of residents at risk.
Understaffing leads to employees becoming overwhelmed and exhausted; they might have to work long hours and skip mandatory breaks. This can lead to necessary tasks being overlooked.
Your loved one and their fellow residents rely on the staff to provide them with all of their daily needs; understaffing prevents all residents from getting the care they deserve. If a resident is injured or dies due to understaffing, the nursing home may be held liable.
Incompetent or inadequate staff. Employees should be educated on how to meet the complex health care needs of their patients. Nevertheless, facilities often don’t hire enough licensed and registered nurses, leaving patient care to unskilled aides and other staff members who haven’t been properly trained.
At times, especially overnight, a supervisor isn’t on-site. The nurses or aides are thereby left on their own to handle emergencies.
It is the patient, your loved one, who pays the price for poor staff training. If inadequate training has caused injury to him or her, the nursing home could be held accountable.
Third-party responsibility. Nursing homes have an obligation to provide a safe living environment for every one of their residents. This includes protecting them from other residents or visitors. In the case where a resident is injured by a third-party, the nursing home could be found liable if they failed to take measures to prevent the injury.
What Should I Do if My Loved One has been the Victim of Nursing Home Abuse?
If you suspect that your loved one’s rights have been violated, contact our Massachusetts nursing home abuse lawyers today. Jason Stone Injury Lawyers in Massachusetts firmly believes that your loved one is entitled to quality care and that facilities should be held liable when that standard of care is not provided.
Our team has extensive experience in handling nursing home abuse claims. If you suspect your loved one has been a victim of nursing home abuse, we can help.
Our lawyers can aid you in seeking compensation for:
Our nursing home abuse legal team is ready to listen to your case and advise you on the best course of action. You and your loved one deserve justice and peace of mind. Call us today at 800-577-5188 to schedule your free consultation via Skype, Facetime, phone, or any other medium you prefer.
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