Nursing Home Negligence
As people get older, they increasingly rely on nursing homes for care. Deciding to put a loved one in a nursing home is never easy, but it can become necessary. Nursing homes are meant to protect elders, but unfortunately this does not always happen. If your family member has suffered any type of harm from nursing home neglect, or if they have suffered a tragic death, we can help. Based in his Kingston office, Plymouth County nursing home negligence lawyer Michael S. Mehrmann can vigorously advocate for your rights at every step of the way.Pursuing a Nursing Home Negligence Claim in Massachusetts
Nursing home negligence is a pervasive problem in the United States. According to the Centers for Medicare and Medicaid Services, there were approximately 1.4 million residents in nursing homes throughout the country in 2011. The Nursing Home Abuse Guide reports that more than two million cases of elder abuse are reported each year, and almost one out of every 10 elderly individuals will experience some form of elder abuse. One government report indicates that nursing homes were cited for 9,000 instances of abuse over just a two-year time frame. It must be noted that these figures are incomplete because the majority of neglect and abuse remains unreported.
If your loved one is currently in a nursing home, you should be on the lookout for signs of the following problems:
- Untreated bedsores;
- Inadequate medical care;
- Preventable accidents like slip and falls;
- Physical abuse;
- Sexual abuse;
- Bruising and cuts;
- Constant anxiety or fear; or
- Sudden weight loss.
When a nursing home fails to treat residents with dignity or provides residents with substandard care that causes injuries or a wrongful death, the nursing home may be held liable for negligence by a nursing home negligence attorney in Plymouth County. Negligence occurs when an injury or death results from a nursing home’s failure to use the level of care that another nursing home would have met in the same or similar circumstances, reasonably protecting residents from harm. For example, a reliable nursing home using the appropriate level of care would make sure that a resident with diabetes receives their insulin on time. As a result, if a failure to administer insulin was a cause of a resident’s injury, the nursing home would likely be liable.
In Massachusetts, you have the right to seek compensation for your losses from an at-fault party. For victims of nursing home negligence and abuse, some common examples of damages may include medical bills, out-of-pocket expenses, pain and suffering, rehabilitation costs, loss of consortium, and emotional distress. In very rare cases, the court may award punitive damages if the neglect was egregious and showed a willful or gross disregard for the patient. Each case is different, and the amount of damages that a Plymouth County nursing home negligence attorney can obtain for a victim will depend on the nature of the harm suffered in that case.
Like every other type of claim, nursing home negligence and abuse claims must be filed within a certain time frame, known as the statute of limitations. In Massachusetts, an individual has three years from the date of the injury to file a claim. Wrongful death cases also have a three-year statute of limitations. Failing to file within this time frame could mean losing your right to compensation altogether. Thus, it is important to work with an attorney who will be vigilant about timelines in your case.Contact an Experienced Nursing Home Negligence Lawyer in Plymouth County
If you suspect that someone in your family has been a victim of nursing home negligence or abuse, you need to contact a skilled attorney who can handle your case. At the Law Offices of Michael S. Mehrmann, we understand the emotional toll that these situations can take on a family, and we will handle your case with the utmost compassion. We proudly assist victims and families in Kingston, Plymouth, Marshfield, Hanson, Carver, Pembroke, and Duxbury. To discuss your case in more detail, call (781) 585-3911 or contact us online. We also can assist people who need a car accident lawyer or representation in other personal injury claims.