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Brockton Nursing Home Abuse and Neglect Lawyers
Caring representation when seniors and residents with disability suffer harm
Seniors and their families place their trust in nursing homes to provide quality medical and social care. Nursing home litigation is one of the most complex areas of law. Any law firm that takes a nursing home neglect case must know a maze of Massachusetts and federal nursing home care laws and regulations. At The Law Offices of Gerald J. Noonan, we’ve been fighting for personal injury victims for 35 years. Our Brockton nursing home abuse and neglect lawyers understand the unique legal, medical, and practical challenges in holding nursing homes accountable when the facilities and their staff cause their residents injuries or tragically cause the death of loved ones. We demand full compensation for your loved one’s physical and emotional damages.
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- What is nursing home abuse and neglect?
- What are the signs and symptoms of nursing home abuse or neglect in Brockton?
- What rights do Brockton nursinghome residents have?
- Who is accountable for the abuse or neglect of nursing home residents?
- What laws govern nursing home care in Brockton?
- How do you fight for Brockton nursing home victims?
- Do you have a Brockton nursing home abuse and neglect lawyer near me?
What is nursing home abuse and neglect?
There are numerous nursing homes in and near Brockton, Massachusetts. Unfortunately, many of these residents will suffer some form of abuse or neglect during their stay.
Abuse
Generally, nursing home abuse differs from nursing home neglect in that abuse is intentional while neglect is unreasonable.
According to the American Psychological Association, abuse of the elderly includes:
- Physical abuse. This type of abuse includes slapping, shoving, hitting, or beating a resident. It includes using physical restraints such as ropes. Physical abuse also includes failing to give a resident their medications.
- Verbal, emotional, and psychological abuse. This type of abuse often occurs when staff members want to punish or control their residents instead of helping them. Emotional abuse includes swearing, insulting, yelling at, and threatening residents. Emotional abuse also includes isolating a resident from family, other residents, friends, and social activities.
- Sexual abuse. This abuse includes improper touching, photographing, or sexual contact with a resident – without the resident’s consent. Sexual harassment is a form of sexual abuse. Many residents with dementia are the victims (and perpetrators) of sexual abuse. Staff members and visitors may also sexually abuse a resident.
- Financial abuse. Nursing home staff may try to take advantage of a resident who has physical, cognitive, or emotional challenges. Acts of financial abuse include stealing, improper use of credit card information, illegal withdrawals from various accounts, changing a senior’s preferences in their will, and other types of financial misconduct.
- Abusive neglect. Neglect that is intentionally or purposely failing to provide for a resident’s daily needs (grooming, clothing, nutrition, and medication) is a form of nursing home abuse.
Neglect
Nursing home neglect includes failing to take reasonable steps to protect an elder or a disabled resident. Examples of neglect include unintentionally failing to tend to a resident’s daily needs, failing to anticipate known complications such as bedsores and malnutrition, allowing a resident to wander, and failing to take steps to protect a resident from falling.
Other signs of abuse include wandering (walking away from the facility or a designated area without permission), elopement (leaving a resident unattended), understaffing, and in-patient suicide.
What are the signs and symptoms of nursing home abuse or neglect in Brockton?
Our Brockton nursing home abuse and neglect lawyers work with gerontologists, orthopedists, and other doctors when the following signs of abuse or neglect are present. We recommend that family members and friends look for these symptoms when they visit with their loved ones.
- Physical abuse. The signs include bleeding, bruises, bedsores, cuts, malnutrition, dehydration, and signs a resident is not taking their medications.
- Sexual abuse. The signs include vaginal bleeding, bruises, being afraid of hugs and being touched, withdrawal, venereal diseases, and unusual discussions about sex.
- Emotional abuse. The symptoms include anxiety, fear, isolation, a lack of confidence, depression, and thoughts of death.
- Financial abuse. Family members should be concerned if there are unusual expenses, a change in a power of attorney, suspicious signatures, and other unexpected financial transactions.
- Neglect. Signs of neglect include bedsores, fractures, poor hygiene, a recurrence of medical conditions that medications should correct, and other signs.
Additional worrisome symptoms include:
- Feeding tube complication
- Dehydration
- Malnutrition
- Food poisoning
- Medication errors & overdoses
- Fall injuries
- Sores, ulcers, and infections
- Medical concerns and complications
It is important to seek immediate help to protect your loved one’s medical condition and legal rights, as well as to protect other residents who may be suffering the same type of harm.
What rights do nursing home residents have?
Every resident of a nursing home has specific federal and state rights. The Centers for Medicare and Medicaid provide numerous rights for every person who is a resident of a nursing home that receives Medicare or Medicaid funding (virtually every nursing home).
Massachusetts also has a list of nursing home resident rights that include the right of each resident to:
- “Be treated with respect and dignity, free from abuse and neglect”
- Be told of their rights and responsibilities
- Be free from physical or chemical restraints
- Examine their medical and personal records
- Manage their financial and personal affairs
- Know their medical condition and treatment plan - and to participate in decisions about their medical care
- Privacy in medical care, personal matters, and receiving and sending mail
- Participate in social and religious activities of their choosing
- Express concerns and problems
- Recommended changes
- Receive 30 days’ written notice of a transfer or a discharge
- Other rights
Residents have the right to receive written copies of these rights. They also have the specific right to seek enforcement of the rights through the State Long Term Ombudsman - and by contacting The Law Offices of Gerald J. Noonan.
Who is accountable for the abuse or neglect of nursing home residents?
Many different people and businesses may be liable when nursing home abuse or neglect occurs. Our Brockton nursing home lawyers file claims against everyone who breaches their duty of care to a resident, including:
- The nursinghome
- The individual staff members of the nursinghome
- The physicians and other healthcare providers who work for the nursing home
- Visitors
- Repair companies
- Builders and architects
- Contractors
What laws govern nursing home care in Brockton?
Medicare and Medicaid have their own set of regulations. In Massachusetts, there are many nursing home laws that regulate the ownership, management, safety standards, and operating requirements of nursing homes. The Massachusetts Attorney General also has their own nursing home/long-term care regulations.
How do you fight for Brockton nursing home victims?
At The Law Offices of Gerald J.Noonan, we work with various agencies and with nursing home professionals to show why nursing homes and other defendants should be liable for your loved one’s injuries or the death of your loved one. We fight to show your loved one’s nursing home failed to:
- Have proper safety protocols in place to stop abuse and prevent neglect
- Conduct background checks on their employees
- Respond to and investigate complaints in a timely manner
- Have a confidential complaint system
- Hire enough quality professionals and staff members
- Have individualized care plans for each resident
- Work with family members when the signs and symptoms of abuse or neglect are present
- Comply with any federal or Massachusetts laws or regulations
- Act reasonably under the circumstances
We also work with medical professionals who can verify what injuries or health disorders your loved one has, the type of care they need, all the ways their injuries are affecting their lives, and the cost of their medical care.
Our team demands compensation for all of your loved one’s financial and personal damage. We can also file wrongful death claims if nursing home abuse or neglect causes the death of your family member.
Our lawyers understand the unique liability and medical issues that are involved when a resident has Alzheimer’s disease, dementia, or other cognitive disorders.
Do you have a Brockton nursing home abuse and neglect lawyer near me?
Yes. We meet clients at our office located at 555 Pleasant Street, Brockton, MA 02301. We can also conduct phone and video conversations or meet abuse and neglect victims at their nursing homes when necessary.
We understand your concerns for your loved one. We’re prepared to fight for all the compensation your loved one deserves.
Contact The Law Offices of Gerald J. Noonan today
Did your loved one suffer harm or death as a result of elder abuse or nursing home neglect? Fight back! Our lawyers can help you hold negligent or abusive caregivers accountable for their actions. Call us or fill out our contact form to schedule a free consultation. We represent nursing home abuse and neglect victims on a contingency fee basis.