Nursing Home Negligence

When you put a loved one in a nursing home, you trust she will receive better care than she would at home. Unfortunately, some nursing homes provide inadequate care, hire unqualified caregivers, or are understaffed and the result can be serious harm or even death. It's important to recognize signs of neglect and abuse in a loved one who is a nursing home resident. Staff have significant power over residents, and you should be alert to the possibility of abuse, as well. The Quincy nursing home negligence attorneys of Brabant & Huynh may be able to represent you or an elderly or disabled loved one.

Federal and state laws govern the care of nursing home residents. Federal laws that impact care include the Nursing Home Reform act of 1987, the Omnibus Budget Reconciliation Act of 1987, and the Older Americans Act. The Nursing Home Reform Act of 1987 sets forth specific rights to which nursing home residents are entitled, including rights to be free from neglect and abuse and to receive necessary psychological, medical, and physical services.

The Massachusetts Abuse of Elderly Persons Act covers care of nursing home residents and prohibits abuse, as well. Under this law, abuse includes any negligent, knowing, or intentional actions by caregivers that harm nursing home residents. Elderly people may be vulnerable to physical abuse, neglect, emotional abuse, financial exploitation, and sexual abuse. 

Common signs of nursing home negligence in Quincy include bedsores, personality changes, withdrawal, unexplained bruises or broken bones, dehydration, malnutrition, and lack of hygiene. Bedsores are the result of pressure on skin, whether it's the patient's body against a cushion or a limb against a limb. These can become open wounds if a resident stays in one position for a prolonged period and is not frequently repositioned. Often nursing home residents that are bedridden or wheelchair-bound or paralyzed are susceptible to bedsores due to neglect. While early-stage pressure sores can be treated properly, they can become infected and turn life-threatening.

Elder abuse is a crime in Quincy, Dorchester, and other Massachusetts cities. A caretaker of an elderly person who recklessly allows someone else to perpetrate abuse or neglect on an elderly person can face up to three years in prison. Additionally, certain providers are required to report elder abuse incidents, and can be fined for failing to do so. In addition to these penalties, an elderly person who has been abused or their loved ones can bring a lawsuit against the nursing home for damages.

The purpose of a Quincy nursing home negligence lawsuit is to recover compensation such as medical expenses, pain and suffering, emotional stress, out-of-pocket costs, and therapy. Our lawyers may be able to recover under theories of negligent hiring, premises liability, or medical malpractice. Under a theory of negligent hiring, a nursing home may be held accountable for damages if it hires staff members with records of prior wrongdoing or fails to conduct background checks at all.

Some injuries to residents are caused by dangerous property conditions. When a nursing home had actual or constructive notice of a prior dangerous condition on the property, and that condition causes harm to a resident, it may be appropriate to pursue damages under a theory of premises liability. For example, if a resident with dementia is left unsupervised and falls into an unguarded hole in the courtyard that was known to the nursing home staff, and breaks both his legs, it may be appropriate to sue for damages.

Nursing homes must provide proper medical care to their residents. If a healthcare provider employed by the nursing home breaches a professional duty of care, thereby injuring or killing a resident, it may be appropriate to sue for medical malpractice. Often, these cases rest on expert testimony.

When a loved one dies as the result of nursing home negligence or abuse, it may be appropriate to file a wrongful death lawsuit. Death can be the result of inadequate hydration, nutrition, inadequate policies (including for the prevention or treatment of COVID-19), lack of medical care, chemical restraints or medication errors.

The Quincy attorneys of Brabant & Huynh serve those injured by nursing home negligence and their loved ones. We also represent nursing home residents and their families in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Call us for a free consultation at (617) 934-0913 or complete our online form.