Did someone you love fail to receive the proper treatment and attention they needed at the hands of an institution you trusted to care for them? At Jason Stone Injury Lawyers, we recognize how devastating it is for your loved one to experience nursing home abuse.
However, you’re not alone—a Plymouth nursing home abuse lawyer is here to help. After handling more than 15,000 cases, we have recovered over $250 million in compensation for personal injury victims in similar situations.
As your Plymouth personal injury lawyer, you will be able to trust that we are advocating for your family member or friend and working toward the compensation they are entitled to as a victim of nursing home abuse.
What Constitutes Nursing Home Abuse?
Nursing home abuse refers to the mistreatment or neglect of elderly and vulnerable individuals residing in nursing homes, assisted living facilities, or other long-term care facilities. In the state of Massachusetts, nursing home residents are protected by state and federal laws.
These laws intentionally outline specific standards of care that must be met by those who are caring for nursing home residents. Abuse takes on many forms, and that’s why it’s important to understand the different categories of nursing home abuse to identify potential mistreatment.
Emotional or Psychological Abuse
This involves inflicting mental or emotional harm on a resident via verbal threats, humiliation, intimidation, or isolation. Emotional or psychological abuse is just as damaging as other forms of abuse, though it’s not always as easy to pick up on since it’s often less visible.
Even so, emotional or psychological abuse will likely cause depression, anxiety, and fear, as well as a decline in your loved one’s overall well-being.
Neglect
This is the failure to provide proper care and attention to a nursing home resident’s basic needs. Neglect takes the form of refusing to provide enough food, adequate water, necessary medical care, or hygiene-related assistance.
Neglect also includes leaving residents in soiled clothes, failing to administer medications, or choosing not to assist them with mobility-related tasks. Neglect is either intentional or unintentional, but either way, it has major consequences for nursing home residents.
Physical Abuse
This is defined as the use of force that results in bodily harm, injury, or impairment to the resident. Physical abuse includes hitting, slapping, pushing, shaking, or any other form of violent contact. It is often a very visible form of abuse because it leaves bruises, broken bones, bed sores, or other tangible signs of pain.
Sexual Abuse
This refers to any type of non-consensual sexual contact that is made with a nursing home resident. This includes rape, molestation, or unwanted touching, and it is often committed by a range of people—including staff members, visitors, and other residents.
Sexual abuse is a severe violation of an individual’s rights. It frequently results in both physical discomfort and emotional trauma.
Financial Abuse
This entails circumstances in which a resident’s financial resources are misused, exploited, or stolen. Examples include stealing money, forging signatures, coercing a resident to sign documents, and enticing them to make financial transactions against their will.
Financial abuse tends to go unnoticed, especially when the victim is either unable to manage their own finances or is dependent on others.
Statute of Limitations for Nursing Home Abuse Claims in Massachusetts
In Massachusetts, the statute of limitations for nursing home abuse claims varies depending on the nature of the case. However, generally speaking, you have three years from the date of the injury—or the discovery of the abuse—to file a personal injury claim.
However, if the abuse involved fraud or concealment, the statute of limitations is often extended to seven years from the date the incident was discovered. To know how much time you have based on the specifics of your case, contact a nursing home abuse attorney in Plymouth.
If you miss the deadline, the statute of limitations will expire, at which point you could lose your right to recover compensation altogether.
Legal Protections for Nursing Home Residents in Massachusetts
In Massachusetts, nursing home residents are protected by a variety of state and federal laws designed to ensure their safety and well-being. These protections are in place to prevent abuse and ensure that facilities meet specific standards of care.
- Massachusetts Nursing Home Reform Law: Massachusetts has its own set of laws designed to protect nursing home residents from abuse and neglect. They set standards for staffing, care plans, and overall quality of care. If a nursing home fails to meet these standards and a resident is harmed, the facility will likely be held liable.
- Federal Nursing Home Reform Act: Under the Nursing Home Reform Act of 1987, nursing homes that participate in Medicare and Medicaid must provide a certain level of care to residents. This includes ensuring they are free from abuse, neglect, and mistreatment. The act also sets rules for care plans, staffing, and residents’ rights.
- Residents’ rights: Massachusetts law also guarantees residents’ rights, including the right to be treated with dignity and respect, the right to be free from abuse and neglect, and the right to participate in decisions regarding their own care. Violations of these rights will likely lead to legal action and financial compensation for the victim.
Call Our Nursing Home Abuse Lawyers in Plymouth Today for More Information
Finding out that a loved one has suffered abuse due to the actions—or lack thereof—of professionals you thought you could trust is often a painful and distressing experience. We know the emotional toll is immense, but don’t forget that you are not alone.
Nursing home abuse lawyers in Plymouth are ready and willing to assist you. If your loved one has been subjected to nursing home abuse, we recommend taking action sooner rather than later. That way, you will have the means to take proactive measures and protect their rights.
At Jason Stone Injury Lawyers, we have the experience it takes to represent victims of nursing home abuse. Contact us today. We work on a contingency fee basis, meaning you never need to reach into your pocket to pay us—that’s our Stone Cold Guarantee®.
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