When you place your loved one in a nursing home, you expect that they will receive the highest standard of care. However, sometimes nursing home residents experience neglect and abuse. Unfortunately, nursing home neglect and abuse is a widespread problem, not only in Massachusetts but in many other states in the US.
If your loved one has been a victim of nursing home neglect or abuse, you may want to consider taking legal action. This article provides an overview of Massachusetts personal injury laws for nursing home neglect and abuse.
Table of Contents
What Is Nursing Home Neglect and Abuse?
There are many different forms of nursing home neglect and abuse. As defined by the Centers for Disease Control and Prevention, nursing home neglect is the failure of caregivers to meet a resident’s needs. It can involve the failure to provide sufficient food, water, medication, or basic hygiene. Neglect can also involve issues such as bedsores, falls, or untreated medical conditions.
Nursing home abuse is a deliberate action that causes harm to a nursing home resident. It can take many forms, including physical, emotional, financial, or sexual abuse. Abuse can occur at the hands of nursing home staff, other residents, or visitors to the facility.
Massachusetts Legal Framework for Nursing Home Neglect and Abuse
Massachusetts law provides a framework for dealing with nursing home negligence and abuse cases. There are several different legal avenues that a victim of nursing home abuse or neglect can pursue, including criminal charges, civil lawsuits, and complaints to state regulatory agencies.
Criminal Charges
Criminal charges may be applicable in cases of nursing home abuse. If the abuse is deemed to be criminal in nature, such as intentional physical harm or sexual abuse, criminal charges may be filed against the perpetrator. If convicted, the perpetrator can face fines and imprisonment.
Civil Lawsuits
Victims of nursing home abuse or neglect can file a civil lawsuit against the nursing home for compensation for damages. In Massachusetts, nursing homes can be held liable for both compensatory and punitive damages. Compensatory damages are awarded to compensate the victim for their losses, such as medical expenses, pain and suffering, and lost income. Punitive damages aim to punish the nursing home for its wrongdoing and deter future misconduct.
Regulatory Agency Complaints
The Massachusetts Department of Public Health (DPH) is the regulatory agency responsible for licensing and monitoring nursing homes. If you suspect that your loved one is a victim of nursing home abuse or neglect, you can file a complaint with the DPH. The DPH has the power to investigate complaints and take regulatory action against nursing homes that violate state regulations.
Key Provisions in Massachusetts Law for Nursing Home Neglect and Abuse
There are several key provisions in Massachusetts law that relate to nursing home neglect and abuse.
Statute of Limitations
The statute of limitations in Massachusetts for nursing home abuse claims is three years. This means that a victim of nursing home abuse or neglect has three years from the date of the injury to file a lawsuit against the nursing home. However, if the abuse is not discovered until later, the clock starts ticking from the date of discovery.
Standard of Care
Nursing homes are required to meet a certain standard of care under Massachusetts law. This includes providing residents with adequate food, water, medical care, and a safe living environment. If a nursing home fails to meet this standard of care and a resident is injured as a result, it may be considered negligence.
Pre-Injury Arbitration Agreements
Nursing homes may try to limit their liability by including arbitration agreements in their admission contracts. An arbitration agreement requires that disputes be settled through arbitration rather than in court. If your loved one signed an arbitration agreement before being admitted to the nursing home, it may limit their ability to file a lawsuit. However, arbitration agreements are not always enforceable, and the courts may invalidate them under certain circumstances.
Conclusion
Nursing home neglect and abuse is a serious problem in Massachusetts and throughout the US. If you suspect that your loved one is a victim of nursing home neglect or abuse, it is important to take action. Massachusetts law provides several legal avenues for victims of nursing home abuse or neglect to seek redress. With the help of an experienced personal injury lawyer, you can hold those responsible for the abuse accountable and secure compensation for your loved one’s injuries and suffering.