Nursing Home Abuse and Neglect Attorney
Get Help From a Nursing Home Abuse & Neglect Lawyer in Massachusetts
Nursing home and assisted care facilities are strictly regulated under state and federal law. Sadly, nursing home abuse and neglect remains a serious safety problem in our community. Elderly and vulnerable people deserve better. As an experienced Massachusetts nursing home abuse and nursing home neglect lawyer, I fight tirelessly for victims and their families. If your loved one endured abuse or neglect in a Massachusetts nursing home, I can help you get justice and financial compensation. Call my Boston law office now for a free, fully confidential initial consultation.
What to Do If You Suspect Your Loved One Was the Victim of Abuse/Neglect in Massachusetts
The National Center on Elder Abuse (NCEA) estimates that more than ten percent of nursing home residents have suffered from abuse or neglect. Unfortunately, the true figure may be higher than that—many studies show that nursing home abuse is chronically underreported in the United States. If you suspect that your elderly parent or vulnerable loved one was the victim of abuse or neglect, you need to take immediate action to protect them. Here are four steps to take:
- Get Your Loved One Immediate Medical Attention: If you suspect that your loved one was the victim of abuse or neglect in a nursing home, it is crucial that you take action to protect their health and safety. Make sure they get immediate, reliable medical attention for any injuries.
- Relocate Your Loved One to a New Facility if Necessary: Your loved one may need to be relocated to another location, potentially another facility, to ensure that they are receiving the proper care.
- Document the Abuse or Neglect—Evidence Helps Establish Liability: Successful nursing home abuse and neglect claims are built on a foundation of supporting evidence. To the best of your ability, try to gather and secure all of the evidence and information which proves what happened and why it happened.
- Consult With a Massachusetts Nursing Home Abuse Lawyer: Nursing homes and their insurers fight aggressively to protect their own financial interests. You do not have to go through this process alone. Contact an experienced Massachusetts nursing home abuse & neglect lawyer for immediate assistance with your case.
Your Guide to Nursing Home Abuse and Neglect Laws in Massachusetts
Nursing homes, assisted living centers, and long-term facilities have a legal duty to protect the health and well-being of their residents. As nursing home residents are uniquely vulnerable, it is imperative that these facilities take their responsibilities seriously. Here are three key things to know about abuse and neglect claims in nursing homes:
- Abuse and Neglect Can Take Many Forms: One of the things that makes nursing home negligence claims so complicated is that abuse and neglect can take a wide range of different forms. Examples include physical violence by staff members, emotional abuse by staff members, failure to provide adequate oversight of patients, and undertrained/understaffed nursing homes.
- Patients are Protected By Federal and State Laws: Under federal and Massachusetts regulations, such as 05 CMR 150.000 Standards for Long-Term Care Facilities, nursing homes have a basic responsibility to provide adequate care to patients/residents. When they fail to do so, they can face harsh sanctions.
- A Three-Year Statute of Limitations for Most Nursing Home Abuse Claims: In Massachusetts, most nursing home abuse and nursing home neglect claims fall under a three-year statute of limitations. You must take any action within three years of the date that you knew or should have known about the abuse or neglect.
- Notice Provision: In Massachusetts, actions against nursing homes (and other healthcare providers, as defined by statute) may not be filed unless 182-day written notice was given, with few exceptions. M.G.L. c. 231 § 60L sets forth the information required to be given to the health care provider in the written notice. In order to meet the requirements of this notice provision, the attorney must have thoroughly investigated the case prior to filing suit. Accordingly, it is critical to retain a Massachusetts Nursing Home attorney as early as possible after an incident of abuser or neglect.
What Can You Recover in a Nursing Home Abuse/Neglect Claim?
Nursing home abuse and neglect claims are notoriously complex. Through a lawsuit, you have the right to seek support for the full extent of your loved one’s (and your family’s) damages, including non-economic losses. Sadly, nursing homes and their insurers do not make the claims process easy for people and families who are already going through a difficult time. As a top-rated Massachusetts nursing home abuse attorney, I help families get justice and full financial support. You may be eligible to recover financial compensation for:
- Emergency medical care;
- Hospital bills;
- The cost to relocate your family member to a new facility;
- Other out-of-pocket expenses;
- Physical therapy;
- Mental health support;
- Pain and suffering;
- Emotional distress;
- Permanent disability or impairment; and
- The wrongful death of a family member.
Schedule a Free Consultation With a Massachusetts Nursing Home Abuse and Neglect Lawyer
At Michaud Law LLC, we are dedicated to protecting the rights of victims and their families. If your elderly parent or vulnerable loved one suffered harm due to nursing home abuse or nursing home neglect, I am more than ready to help. Give my office a call today for a free, strictly confidential initial consultation. We handle nursing home abuse and nursing home neglect claims in Boston and throughout the Commonwealth of Massachusetts.