Nursing Home Abuse

Both Massachusetts and Federal laws provide patients with certain rights when staying at a nursing home. Nursing homes need to provide their residents a safe and clean environment, the right to proper medical care, the right to make decisions about medical care, and daily attention which is free from abuse and neglect.

Nursing home neglect has been defined in 105 CMR 155.003 as a failure to provide the goods and services necessary to avoid physical harm, mental anguish, or mental illness. In determining whether or not neglect has occurred, the following standards below apply.

• An individual has failed to provide appropriate care, treatment, or service to the patient or resident; and their failure to provide the treatment, care, or service to the patient or resident is either intentional or the result of carelessness; and as a result of the failure to provide treatment, care or service, the individual has failed to maintain the health or safety of the patient or resident as evidenced by harm to the patient or resident or a deterioration in the patient or resident’s physical, mental, or emotional condition.

Nursing home abuse and neglect can happen in a number of ways. Research suggests that abused elders die earlier than seniors who are well cared for, even with no chronic or life-threatening conditions. Remember, abuse of any type can significantly impact your loved one’s health and quality of life.

Common causes of injuries are from:

• Neglect: Neglect is the most common unintentional nursing home abuse, generally occurring when a facility has poor management or oversight. Some common reasons of neglect are management issues, overcrowding, or understaffing.
• Physical Abuse: Physical abuse includes violent behavior such as unexplained bruises and cuts, torn or bloody clothes, broken bones, etc. Unnecessary use of restraints might also be considered physical abuse.
• Emotional Abuse: Emotional abuse involves humiliation, ignoring the patient, isolating them, and intimidating them through yelling, threats, and mocking. Sometimes abusers even threaten patients in order to keep them quiet about the abuse so they won’t share it with others.
• Financial Abuse: Financial abuse is again among the most common form of non-physical abuse of the elderly. An unscrupulous caregiver may misuse the elder’s checks, accounts, and credit cards, or forge signatures, steal the patient’s identity, or authorize withdrawals or transfer of money.

Nursing home neglect often includes wrongful death, fractures, broken bones, slip and falls, malnutrition, significant weight loss, verbal abuse, physical abuse, failure to provide proper personal hygiene, failure to provide sufficient medical attention, failure to prevent bed sores, or failure to protect patients or residents from hazards. 

To prevent your loved from being subject to any of these forms of abuse, it’s vital to know the common warning signs of nursing home abuse and neglect. Watch for the following:

• Untreated medical conditions
• Bruises, cuts, abrasions, or other injuries
• Unacceptable unhygienic conditions
• Sudden and unexplained weight loss
• Changes in behavior
• Sexually transmitted diseases or infections
• Unusual financial transactions
• Problems with staff and disorganization in the facility
• Direct complaints from your loved one

It is important to note that if warning signs are consistent with underlying medical problems, you should always follow up on any potential problem. If the problem persists, get in touch with a nursing home abuse lawyer. Attorneys with expertise In nursing home abuse can evaluate your case and help you to ensure that your loved one is in the best possible environment.

Nursing home abuse cases are a complicated area of personal injury law so it's important to work with an experienced personal injury lawyer for guidance on these matters. Additionally, they will be able to rightfully handle and preserve evidence in your case if you are looking for justice in a settlement or through legal proceedings.

Attorney Jason Ranallo has helped individuals who were injured by nursing home neglect and abuse for over a decade and is passionate about achieving justice for our most vulnerable loved ones. You can rest assured that by having the Law Offices of Jason M. Ranallo, P.C. working for you, your case is in the hands of an experienced, compassionate, knowledgeable, and aggressive attorney who knows how to get results.

The Law Offices of Jason M. Ranallo, P.C. will provide you with the personal attention and skill that each case needs. We will handle every aspect of your nursing home and neglect case, and will go to trial if a full and fair settlement agreement cannot be reached.

The Law Office of Jason M. Ranallo, P.C. is committed to aggressively and compassionately representing victims and their families in all nursing home abuse and neglect matters. We can help with the following:

• Filing a lawsuit against a nursing home
• Gathering evidence, records, and information
• Filing the claim in court
• Preparation for Trial
• Resolving the claim by either settlement, mediation, arbitration or trial

 Additionally, you can contact the firm online to schedule a free consultation to review your case. With us, you can be sure you’re getting the high-quality legal representation your family deserves. For your convenience, home, hospital, evening, and weekend appointments are available upon request.