Boston Personal Injury Attorney Blog

A woman has been awarded $400,000 for the disfigurement and death of her stepfather in a nursing home, the Boston Globe reported.

The Massachusetts nursing home neglect and abuse claim stemmed from the 2005 death of a 93-year-old nursing home resident. The resident died a month and a half after suffering an eye injury at a Brockton nursing home owned by Kindred Healthcare.

The victim's eye was gouged by a metal hook as he was being mechanically lifted from his bed. Two people were supposed to operate the machine. The patient later died from sepsis, which is an infection-related complication.

A jury awarded the stepdaughter $400,000 plus interest for disfigurement and pain and suffering. However, they did not find Kindred responsible for the death. It was a victory even getting the case to trial -- last year, a judge invalidated an arbitration agreement the victim signed, which agreed not to sue if he was killed or injured at the nursing home.

Kindred owns more than 40 nursing homes in the state.

Hiring a Massachusetts nursing home neglect lawyer is critical to protecting the rights of nursing home patients against the large corporations that dominate the nursing home industry. The American Health Care Association reports that more than half of the nation's nursing homes are run by large chain corporations and two-thirds are operated as for-profit companies.

In an increasing number of cases, nursing homes are seeking to have residents or family members sign arbitration agreements or other releases as a condition of admission. Essentially, they are acknowledging that your loved one is at high risk of serious or fatal injury in their facility and are asking you to agree not to sue them in the event of gross negligence. We recommend that families refuse to sign such releases; consulting an attorney to discuss a nursing home's admissions procedures is also a good idea.

Continue reading "Massachusetts nursing home neglect verdict comes despite arbitration agreement" »

The Supreme Judicial Court ruled the owner of a Massachusetts nursing home cannot face criminal charges for the death or a nursing home resident who fell down a set of steps in a wheelchair, the Boston Herald reported.

Falls are one of the leading causes of deaths in nursing homes, according to the Centers for Disease Control and Prevention. A Massachusetts nursing home neglect and abuse lawyer can help residents and families hold nursing homes accountable when neglectful care results in a serious or fatal fall. However, in this case the state's high court ruled the owner cannot be criminally charged if no nursing home employee committed a crime.

The Massachusetts Attorney General's Office charged Life Care Centers of America Inc. with involuntary manslaughter following the 2004 incident, arguing various staff errors contributed to the fatal fall.

The Supreme Judicial Court said the Attorney General could not combine actions of negligence to charge the company with a crime. At least two other companies in Massachusetts have been charged recently with involuntary manslaughter.

-In 2007, a New York manufacturer of tile fasteners was charged after a motorist was killed by a falling ceiling panel in a Big Dig tunnel. The company pleaded guilty last year to a charge of making false statements.

-A sportsman's club was charged after an 8-year-old boy shot himself in the head with an Uzi at a gun show in 2008. The club pleaded no contest and paid a $1,000 fine. Three men unaffiliated with the club face involuntary manslaughter charges in that case.

In the nursing home case, a 74-year-old resident suffering from brain damage and dementia was killed after her wheelchair fell down a set of steps outside the facility. A doctor had ordered the patient to wear a signaling device to help prevent her from attempting to leave the facility unattended. She was not wearing it at the time of her death.

Continue reading "Massachusetts nursing home won't face criminal charges in resident's death" »

A Boston resident is behind the proposed Act to Protect Nursing Home Residents, which aims to safeguard elderly residents from Massachusetts nursing home neglect and abuse.

Dr. Rachel Geller wrote the act three years ago after a bad experienced with her aunt, who suffered from Alzheimer's and was shuttled between five nursing homes over a seven year period, according to the Newburyport News. Her aunt spent several weeks in a hospital's locked psychiatric ward after being kicked out of a nursing home. At one point, the elderly woman was reportedly released with no place to go.

Geller has teamed with state Rep. Ruth Balser, D-Newton, in backing a law that will better inform patients and family members about nursing home regulations.

"The existing problem is there are already very good laws on the books, yet nursing homes routinely lie, break the laws, follow illegal procedures and omit information," Geller said. "Because we as 'consumers' of nursing homes are unfamiliar with the nursing home regulations, we are automatically inclined to believe everything told to us by a nursing home."

She said better informed families and patients will force homes to obey the law.

"Nursing homes follow standard operating procedures that violate the laws. How can it be that so many nursing homes have been allowed to develop procedures that violate the regulations which govern them?" Geller said. "I'm very pleased nursing homes will be required to give families a copy of the law in clear and understandable layperson's terms to enable us to better advocate for our loved ones in nursing homes."

While the bill still has a ways to go before becoming law, it was moved out of the Joint Committee on Health Care Finance last week, a critical step to making it to the floor for a vote.

Continue reading "Proposal aims to shield residents from Massachusetts nursing home neglect and abuse" »

The Patriot Ledger published an outstanding report on Massachusetts nursing homes over the weekend, full of informative resources for anyone considering placing a loved one in a nursing home or assisted-living facility.

More than half of the nation's nursing homes are operated by large chain corporations and two-thirds are for-profit companies. Placing a loved one in a caring home requires diligence and some homework. And ensuring the safety of our elderly residents requires everyone visiting a nursing home to remain aware of the potential for neglect or abuse.

Massachusetts nursing home neglect and abuse complaints were launched almost daily by state investigators last year -- 339 investigations in all -- yet less than one-third of the complaints were substantiated by investigators.

The Patriot Ledger reports an aide at the highly-rated Hancock Park Rehabilitation and Nursing Center was charged with rape last week after a complaint by a 68-year-old resident. There were no red flags at the home, or concerning the employee, prior to the charges.

The Massachusetts Department of Public Health determined evidence of abuse or neglect was present in findings against 41 nursing aides statewide during the past two years, while another 55 agreed to voluntary license suspensions. Another 11 aides received warning letters.

Tragically, nursing home neglect and abuse complaints sometimes go unsubstantiated because of a lack of evidence in cases involving only an allegation from a resident and a denial from an employee. The isolation faced by many nursing home residents often complicates an investigation. In other case, dementia, Alzheimer's or other medical conditions can make a resident less able to defend themselves against neglect or abuse.

The following resources are among those available to families considering a Massachusetts nursing home:

-Inspection reports and other details available through the state's Nursing Home Survey system.

-The federal government's Medicare Guide to selecting a nursing home.

-Massachusetts Department of Public Health nursing home survey.

The Patriot Ledger's report also offers a host of other resources, as well as tips for choosing a nursing home and signs of elder neglect or abuse.

Continue reading "Massachusetts nursing home neglect and abuse investigations fail to substantiate majority of complaints" »