Nursing Home Negligence and Abuse Lawyer
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Nursing Home Negligence and Abuse Lawyer
We expect the highest standards of excellence from nursing homes and the staffs who care for elderly and disabled adults. Nursing homes provide much more than just basic living accommodations and meals. Thery provide critical medical and nursing services, and have control over virtually all aspects of their resident’s lives. Unfortunately, some nursing homes and assisted living centers are understaffed, underfunded, and poorly managed. Vulnerable victims are exposed to nursing home abuse and neglect, causing injuries and even death.
Our elder abuse and neglect attorneys at Ballin & Associates, LLC give a voice to victims that might otherwise stay silent in the face of nursing home misconduct. We are dedicated to fighting on behalf of the susceptible individuals who experience injuries due to negligence, recklessness, or even willful actions. We fight nursing home abuse because no one should suffer the injustice and indignity at the hands of the people they rely upon for their care.
Massachusetts Law on Nursing Home Neglect and Abuse
Victims have multiple options to address nursing home abuse or neglect under Massachusetts law, including filing a police report or reporting the situation to the Massachusetts Department of Aging. However, these alternatives do nothing to remedy losses the victim sustains. To recover compensation for injuries due to nursing home misconduct, you must file a claim against the facility. Because nursing homes provide medical care, a claim against a nursing home arising out of substandard care is a form of medical malpractice, so the claims are usually subject to the same laws and regulations that apply to malpractice claims against doctors, nurses and other medical professionals.
Types of Nursing Home Abuse and Warning Signs
In some situations, it is easy to spot signs of nursing home neglect or abuse; other times the injuries are hidden by clothing or are emotional in nature. Regardless, it is important to recognize the warning signs so you can take action immediately:
Abuse can take many forms, including physical, sexual, or emotional. Physical abuse is defined as willfully inflicting pain or suffering upon an elderly or disabled person or restraining him or her. Bruises, cuts, or scrapes, bone fractures, bed sores, and injuries from falls may indicate physical abuse. Depression, uncharacteristic outbursts, anger, and withdrawing from others may signal signs of emotional abuse.
Nursing home accidents are often the result of neglect, where the conduct violates the standard of care, even if it was a mistake. Neglect can include anything from forgetting to administer medication to placing a victim in an unsafe situation.
Nursing Home Residents are Vulnerable to Financial Abuse as Well
Financial exploitation or abuse is a problem for nursing home residents, as it is for the elderly in general. This can occur in a number of different ways:
- Unauthorized use of checks, accounts, or credit cards
- Theft of cash, checks, medication, or belongings
- Forged signatures
- Authorization for withdrawals or transfer
- Identity theft
It may be difficult to spot financial exploitation unless you have access to the victim’s bank accounts or other assets. Still, you should watch out for situations where the victim suddenly cannot pay bills or allows someone new or unknown to handle banking for them.
If you suspect that someone is stealing money or scamming yourself or a loved one, it is critical to take action quickly. Many times, once the assets have been stolen, the funds are spent quickly or even transferred out of the country, making recovery impossible.
Filing a Claim for Damages
- An individual person that works as a caregiver, such as a nurse, orderly, nursing assistant, or similar position;
- Nursing home administrators or managers who are responsible for properly supervising their teams; and/or,
- The owners or operators of the nursing facility, under certain circumstances.
- Fellow residents of the nursing home who negligently injure another resident
If you or a loved one sustained injuries due to negligence or intentional conduct in a nursing home environment, you may have a cause of action for nursing home neglect and abuse under Massachusetts law. Hiring an experienced Massachusetts elder abuse and neglect lawyer is the only way to pursue full and fair compensation under the law.
Why should you hire Ballin & Associates, LLC?
The experienced team of elder abuse and neglect lawyers at Ballin & Associates, LLC can take on the burdens that confront victims of elder abuse and neglect incidents.
Since 1981 99% of our injured clients have had successful outcomes. How did we do this? By treating our clients like they were our own family. We promise to devote our skill, drive and experience to every client with the compassion they deserve.
What will this cost you?
If our law firm accepts your case, you will pay nothing unless and until we collect compensation for you. Our fee will be a percentage of the amount that we collect on your behalf. We always have a signed written agreement with every client so you know exactly how our fee will be determined right from the start.
What kinds of compensation can we recover for you?
Elder abuse and neglects can lead to all kinds of harms and losses, such as the following:
- Medical bills
- Lost time from work and loss of income
- Pain and suffering
- Physical disability
- Permanent scars
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of love and affection
- Embarrassment and humiliation
- Mental disability
- Future medical bills, and future loss of income
- Wrongful death and funeral expenses
What is the deadline for filing a lawsuit relating to elder abuse and neglect?
Because claims against nursing homes are usually a type of medical malpractice, the deadline for filing suit against a nursing home is the same as for filing a claim for medical malpractice. All claims must be filed in court within three years of the date when the injured person knew or should have known that he or she had been injured by the actions of the nursing home. This is important because people may not immediately realize that they were injured as a result of the negligence of a nursing home. In addition, there is a seven year statute of repose for claims arising out of the negligence of a nursing home, which means that you cannot file a lawsuit more than seven years from the date of the negligent act that caused the injury. However, it is always best to get an experienced nursing home neglect and abuse lawyer involved in your case as soon as possible after the actions that caused the injury. Sometimes important evidence can be lost if an investigation of the nursing home is delayed.
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Nursing Home Negligence and Abuse
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