With our population slightly older than the national average, Massachusetts has a high percentage of our seniors in long term care facilities. Most families - as a last resort when they can no longer care for a parent or grandparent at home - seek what they believe to be the best nursing home or assisted living facility in their area.
Our seniors deserve to be treated with dignity and are entitled to enjoy all of life’s pleasures that still remain available to them. We reject the conception that accidents are inevitable for nursing home residents, the notion that an elderly person’s life is somehow less valuable, or the conception that death is excusable because of a person’s age or medical problems. We have seen how good compassionate care can prolong and enhance a person’s life.
Fortunately, federal and state regulations spell out requirements of good nursing home care. Nursing homes should:
Unfortunately, many local nursing homes have been purchased by national chains that place corporate profits ahead of people.
Insufficient staffing, staff turnover, and lack of adequate education and training leads to many entirely preventable injuries:
Elder abuse can happen anywhere, from nursing homes to an elderly person’s own home:
Statute of Limitations.
Generally, Massachusetts allows three years from the date of the nursing home resident’s accident or injury to file a nursing home negligence lawsuit, but the particular facts of your case may result in shorter periods of time, and there may also be special notice requirements.
Due to the time necessary to properly gather evidence and investigate a case before filing suit, and the problems encountered locating witnesses because of high turnover of nursing home staff, a resident or his or her family should retain an attorney immediately upon suspecting wrongdoing by the nursing home.
From the inception of a case, we consider the types of "demonstrative evidence" that will bring alive key pieces of evidence and help a jury understand your case:
We have our own inventory of exemplar personal alarms, bed alarms, and fall prevention devices used in nursing homes, as well as anatomical models. We commission model makers to create case-specific anatomical models when necessary.
This area of practice is still in its infancy because relatively few Massachusetts nursing home negligence and abuse cases have yet gone to trial—but our firm is committed to obtaining substantial verdicts that reflect the egregious character of nursing home negligence and abuse:
Contact Steven H. Schafer & Associates for help with nursing home negligence and abuse cases in Massachusetts.