Nursing Home Neglect and Fall Injuries in Massachusetts

When we place our elderly parents or loved ones in nursing homes or long-term care facilities, we expect that they will be looked after with dignity and compassion. Regrettably, instances of elder abuse and neglect are not uncommon, leading to serious injuries, medical bills, and unfortunately sometimes wrongful death.  These injuries, including fall accidents and pressure ulcers, often occur due to the nursing home staff’s failure to develop an adequate care plan, resident safety plan, or perform a thorough initial assessment of an elderly resident. Other common causes are failing to implement adequate safety measures for higher-risk elderly residents with a cognitive impairment or poor balance. Additionally, when staff fail to revise care plans when conditions change, residents may suffer fall-related injuries such as hip fractures and traumatic brain injuries, which could tragically result in fatalities.  This blog post was drafted by a experienced Boston nursing home abuse lawyer and outlines the important legal guidelines family members can use to determine whether legal action is necessary.

Upon admission to a nursing home in Massachusetts, it is essential for the facility to create a comprehensive care plan, which should include fall prevention measures. The state laws that govern nursing homes require the care plan to be developed by the nursing home staff in relation to the resident’s total health needs. 105 Code Mass. Regs. § 150.007(D).  The care plan should address diagnoses, prior medical treatment, chronic health conditions, medications, mobility restrictions, necessary safety measures, and daily care routines such as bathing and grooming.  

Fall accidents often occur when nursing home staff fail to perform a fall risk assessment, fail to implement adequate fall prevention measures, or neglect to update the care plan when necessary. Common interventions include assistance with walking, mobility aids, bed rails, bed alarms, and toilet assistance.

Whether it’s issues with fall prevention, inadequate supervision, or delayed medical care, understanding common instances of potential nursing home neglect can help you protect your loved one.

• Inadequate Fall Prevention Plans: When nursing homes fail to establish or update fall prevention plans, they neglect to consider residents’ existing health conditions and chronic ailments.
• Insufficient Monitoring and Supervision: Staff members fail to monitor high-risk residents, such as those with a history of falls or dementia.
• Failure to Update Care Plans: When nursing homes do not reassess and modify care plans after a fall incident, despite the availability of more effective interventions.
• Ignoring Residents’ Needs: Nursing home staff neglect specific needs and risks, such as mobility issues or cognitive impairments, in their care plans, or failing to acknowledge obvious warning signs.
• Inadequate Response to Emergencies: When staff fail to respond appropriately during emergencies, leading to delays in treatment and increasing the risk of severe injury or death.

If you’re concerned about a loved one who recently suffered a serious injury in a nursing home in Massachusetts, it’s in your best interest to speak with a nursing home neglect lawyer. Often, these injuries are due to the negligence of the nursing home and their medical care providers, including doctors and nurses. These cases are classified as medical malpractice claims, which differ from general negligence claims.  The case of Katz v. Golden Gate Nat’l Senior Care, LLC, offers insights into what needs to be proven in such cases:

Establishing Medical Malpractice: In Massachusetts, a medical malpractice plaintiff must prove:

• The existence of a doctor-nurse/patient relationship.
• The failure of the doctor or nurse to conform to good medical practice.
• That this failure caused injuries.

Expert Testimony: Expert testimony is crucial in these cases, especially to establish the standard of care and the link between the nursing home’s actions (or inactions) and the injury or death of a resident.

At Gavagan Law, we specialize in nursing home abuse cases and are committed to protecting our elderly population who are nursing home residents.  We’re skilled at evaluating medical records for any signs of lack of proper care, instances of abuse, and signs of abuse, to hold responsible parties accountable.

If your loved one has suffered a serious injury while under the care of a nursing home or care facility, reach out to Gavagan Law for a free consultation. Our legal team has experience handling nursing home neglect cases and understands the nuances of Massachusetts law.  We are committed to providing legal advice, guidance, and expert witness support to pursue justice for your loved one.   We handle cases such as these on a contingency fee basis, so there is only a fee if we are successful.  

Call or reach out to a nursing home abuse attorney using our contact form to discuss your legal options and the best way forward to ensure adequate care and quality of life for your family member.