Pellegrini, Seeley, Ryan & Blakesley, P.C. (PSRB), is a law firm engaged in the practice of personal injury law. The firm has a strong reputation for aggressive and successful advocacy on behalf of injured people.
If you or your loved ones are residing in a Massachusetts residential institution, you have the right to expect a high standard of care that ensures the safety and health of the residents. This includes proper medical treatment and infection control protocols. Nursing homes, in particular, have a responsibility to prevent the spread of contagious illnesses and viruses to their residents.
Unfortunately, some institutions fail to maintain these standards, putting their residents at risk of physical injuries and even death. At PSRB, our personal injury attorneys have seen a wide range of injuries sustained at nursing homes, which can be life-threatening, painful, and debilitating. These injuries may require immediate legal intervention to prevent further harm, so you should reach out to a Springfield nursing home abuse and neglect lawyer as soon as possible.
Some common examples of injuries that occur in nursing homes are bruises or bed sores, abrasions, cuts, burns, malnutrition or dehydration, and broken bones from falls. We have also seen cases of prescription errors and failures to diagnose or misdiagnose conditions that lead to greater injury or wrongful death.
The inattention of nursing home staff can lead to these kinds of injuries. A staff member who fails to follow a treatment plan or who ignores a resident’s health could cause injuries. Elderly residents are particularly vulnerable due to advanced age and a higher probability of health issues, so special care should be exercised by a nursing home to meet its obligations.
Improper protocols could also lead to injuries, resulting in abuse and neglect of nursing home residents. For instance, if a nursing home does not have clear procedures for administering medication, checking for bedsores and injuries on their residents, or aiding residents in moving about the facility, serious injuries can occur. A lack of supervision can also contribute to abuse and neglect, and understaffing can increase the risk of injuries to residents.
If abuse or neglect does occur, a Springfield attorney could help a resident and their family hold the nursing home responsible with immediate action and a legal claim. The first priority should be removing a resident from a facility engaging in abuse, but the next step should be filing a claim to help a resident recover compensation.
Once a resident has been taken out of an abusive situation, they can and should think about bringing a lawsuit against the nursing home. Holding the facility accountable will likely involve negligence or reckless actions that caused injuries.
A negligence claim requires proof of several elements, including the following:
If a claim is for malpractice by a professional, such as a doctor, the duty of care changes from reasonableness to the care that a similarly trained doctor in the area would provide.
An attorney could advise on what claim should be brought and against whom in order to receive compensation. While a resident recovers physically and mentally from abuse, an attorney could act on their behalf to gather evidence and prepare a claim.
This investigation by a Springfield attorney may include interviewing nursing home staff and residents to determine the abuse or neglect and obtaining important documentation. It is important to note that an investigation should happen as soon as possible due to the state’s statute of limitations. As set by Massachusetts General Laws Chapter 260 §2 A, a resident has three years to bring a personal injury claim, though certain circumstances can extend that time period.
If you or your loved one has suffered an injury or illness due to the negligence of a residential institution or nursing home, you may be entitled to compensation. Having a Springfield nursing home abuse and neglect lawyer on your side could help you get that compensation and hold the facility responsible for its mistakes.
At PSRB, we are committed to advocating for the rights of our clients and ensuring they receive the compensation they deserve. Contact Pellegrini, Seeley, Ryan & Blakesley today for a free consultation at (800) 785-5399. Our experienced attorneys will assess your case and help you navigate the legal process.
While each state defines neglect differently, nursing home neglect and institutional elder abuse refer to physical and or emotional mistreatment of a person who resides in a nursing home, assisted living facility, group home or anywhere where there is a contractual obligation for that institution to provide care.
Neglect can take many forms including physical abuse, mental or emotional abuse, sexual abuse, financial abuse and abandonment. More than one kind of abuse is often common at the same time or at different times during a person’s stay in an institution.
All residential institutions are expected to provide care that ensures the safety and heath of their residents including proper medical treatment, adequate shelter, food and nourishment, hygiene and supervision. If the institution fails to provide these services, it can be considered neglect. If the failure is intentional, it can constitute abuse.
At PSRB we review a wide range of injuries that can be suffered from nursing home neglect. Some injuries can be life threatening, painful and debilitating. Certain conditions may require immediate legal intervention to prevent further harm. PSRB is always here to advise you as to your rights and the person rights of the person receiving care. Please do not hesitate to contact us for a free consultation at 800-785-5399.
Nursing home residents have certain rights and protections under both state and federal law. The nursing home must list and give all new residents a copy of these rights.
These resident rights include, but aren’t limited to:
Pellegrini, Seeley, Ryan & Blakesley
N/a
