Nursing Home Abuse and Neglect Lawyer

What Families of Nursing Home Residents Should Know

The Federal "OBRA" Regulations provide very stringent guidelines for the minimal level of care to be given to residents of nursing home facilities. Most for profit facilities run on tight budgets, putting profits over people. Therefore, staffing issues and inadequate training and supervision more often than not give rise to problems that if left unchecked could become harmful abuse or neglect that is actionable.

If you suspect abuse or neglect has occurred, you should take the following steps:

Document it
Report it to the head nurse (charge nurse or floor nurse or supervisor)
Report it to the Administrator of the facility
Seek the help of the ombudsman for the facility
File a written complaint with the Massachusetts Department of Public Health
Seek legal advice if there is serious permanent injury or you suspect death was caused by neglect or abuse. In case of death, seek an autopsy.

When To Involve A Lawyer

If you suspect one of the following:
Bedsores (pressure sores or decubitus ulcers)stage III or IV And gangrene, loss of limb or urosepsis leading to death
Broken bones
Unexplained injuries
Malnutrition, sudden unexpected weight loss not due to underlying medical condition
Dehydration
Wandering, Elopement, Escape
Fall down stairs or elevator shaft that should be locked
Malfunction of equipment
Asphyxiation due to bed rails or other restraints; chemical restraints
Choking on food leading to respiratory arrest and death
Aspiration pneumonia not due to underlying causes
Burns - significant third degree burns subdural hemotoma leading to coma and or death unexpected or unexplained death
Sexual abuse or assault pregnancy
Sepsis from untreated UTI (urinary tract infection)
Over medication (psychotropic drugs)

What the Attorney Can Do

If the resident is still alive and you have power of attorney or guardianship/conservatorship you will have to request a copy of the applicable nursing home records and pertinent medical and hospital records that prove your allegation of abuse or neglect.
If the resident is deceased, only a properly appointed Administrator (estate without will) or Executor (estate with will) can request medical and nursing home records. This person is the only one with the legal right, standing and power to retain an attorney to investigate the matter and to look into pursuing a claim .Sometimes it makes sense to pay extra for a COLOR copy of the medical records (chart) if you suspect late entries, changes, deletions, or addendum. Different colored inks and pens will only show up on color copies.
Legal fees in these cases are pursuant to a sliding scale based on the medical malpractice statute and are payable only if the case is successful. Most attorneys do not request a cost retainer in cases of this nature, but you are responsible usually for accomplishing the Probate Court appointment on your own and paying the court filing fees for the Petition and Bond in Probate Court for appointment of an Administrator or Executor.
Preserving evidence can be very important in the case of a living resident who is not expected to live long. A deposition to perpetuate testimony is sometimes very advisable and must be accomplished expeditiously. You must be ready to request an autopsy is you expect the downhill medical course was caused by negligence. If the resident passes away at a hospital, it is easier to request that an autopsy be performed. Otherwise, you will have to retain a private doctor to perform an autopsy at your cost.
The attorney retains experts to review records to determine if there was negligent care by nurses or other staff and if there is legal causation connecting the negligence to the injuries or death. Once the suit is filed, an Offer of Proof with an Expert Opinion Letter is submitted to the Medical Malpractice Tribunal in Superior Court to get the Agreen light@ to proceed with the meritorious claim. Then, various discovery tools such as interrogatories, requests for production of documents, depositions, subpoenas, and requests for admissions are utilized by the attorney out of his litigator=s toolkit in order to marshall the evidence necessary to prove your case and receive adequate compensation.
Arbitration clauses in Admissions Contracts sometimes are binding against the resident and family, preventing jury trials and limiting the case to submission before an Arbitrator for a binding, non-appealable decision.
Cases of this nature can take as long as three years to prosecute due to the complexity of issues and the time guidelines and standards the court sets down for these medical cases.
Liens from Medicaid (state) and Medicare (federal) can sometimes eat up all or a good portion of the recovery if it is only for pain and suffering of a decedent or living resident. Wrongful death proceeds pass outside the estate and are usually not subject to liens, subrogation claims, and Department of Revenue claims for payment. If you have never visited the resident, do not expect to come in like a vulture and pursue a monetary claim as the jury will know the nature of your actions and award you accordingly.
The key to winning a nursing home case is to have an attorney who knows what he or she is doing, has the experience, proven track record, and team of nursing and medical experts available to properly evaluate and prosecute your case to a conclusion and make sure this type of abuse or neglect never occurs again at this facility.
Alan Goodman and A GOOD LAW FIRM has years of experience and many successful results in this area. Why go with an inexperienced attorney who is going to learn on the job with you? Call 413-736-1616 now for a FREE CASE REVIEW and CONSULTATION or e-mail us.

Alan Goodman is a long time consumer advocate and will go up against the bad nursing homes. There is NO LEGAL FEE UNLESS SUCCESSFUL. YOU CAN MAKE A DIFFERENCE in the care of future residents if you are mad enough to invest the time, effort, emotion and passion in pursuing justice for your loved one. There is no greater satisfaction gained in these cases than knowing that you have improved the quality of care at that nursing home facility by the actions you have taken in the name of your loved one. You honor their memory by doing good deeds.