Massachusetts attorneys, Bernard J. Hamill, Quincy

 

What is Nursing Home Neglect?

Nursing Home Neglect is defined by Massachusetts Law as:

105 CMR 155.003 Neglect: failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness. In determining whether or not neglect has occurred, the following standards shall apply:
(1) A patient or resident has been neglected if:
(a) An individual has failed to provide appropriate care, treatment or service to the
patient or resident; and
(b) The individual’s failure to provide the treatment, care or service to the patient or
resident is either intentional or the result of carelessness; and
(c) As a result of the failure to provide the treatment, care or service, the individual has failed to maintain the health or safety of the patient or resident, as evidenced by harm to the patient or resident, or a deterioration in the patient or resident’s physical, mental or emotional condition.

Mistreatment is also defined by Massachusetts Regulations:

Mistreatment: the use of medications, or treatments, or isolation, or physical or chemical restraints that harm or are likely to harm the patient or resident. In determining whether or not mistreatment has occurred, the following standards shall apply:
(1) A patient or resident has been mistreated if:
(a) An individual used some type of medication, treatment, isolation technique or restraint on the patient or resident; and
(b) The particular use of the medication, treatment, isolation technique or restraint was either intentional or careless in nature, contrary to the patient or resident’s expressed decision to refuse such treatment, or contrary to the patient’s or resident’s written care plan; and
(c) The particular use of the medication, treatment, isolation technique or restraint resulted, or was likely to result, in harm to the patient or resident involved, including but
not limited to, physical injury, pain, or death, unreasonable restriction of the ability to move around, unreasonable restriction of the ability to communicate with others, or psychological harm; and
(d) The particular use of the medication, treatment, isolation technique or restraint cannot be justified under any of the exceptions set forth in 105 CMR 155.003: Mistreatment(2).

 

Nursing Home Neglect includes:
- Failure to provide proper personal hygiene
- Failure to provide sufficient medical attention
- Failure to protect from safety hazards
- Failure to prevent bed sores
- Stage four bed sores
- Pressure sores
- decubitus ulcers
- wrongful death
- Hip fractures
- Allowing a resident to slip or fall
- Bed Rail Entrapment
- Broken Bones
- Malnutrition, starvation, significant weight loss
- Use of Restraints for Discipline or Convenience
- patient upon patient assaults and abuse

Our office is handling Nursing Home NEGLECT cases against some of the largest Nursing Home chains in America including Epoch and Kindred Healthcare. If you feel that you or your loved one has been injured as a result of nursing home abuse please call 1-617-479-4300 or use our free case evaluation form below:

An Attorney will speak with you now at 617-479-4300 or use this form:

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