Boston Nursing Home Abuse Lawyer

Has your loved one suffered abuse in a nursing home? We can help you seek justice. Contact Cutler & Associates now. Abuse in nursing homes is a silent tragedy that affects the most vulnerable members of our society. When someone is abused, their safety is taken away from them. At Cutler & Associates, we think each one of our clients is entitled to protection, respect, and care. Let us help you hold the negligent party accountable for harming your loved one. Call our Boston nursing home abuse lawyer now for a free case review.    

Defining Nursing Home Abuse

Abuse in nursing homes is defined as any action or inaction that puts a resident in danger of harm or injury. Abuse can be financial, sexual, emotional, physical, or manifest as neglect. While each form of abuse is distinct, they are all characterized by harm to the victim.

The Startling Data on Abuse in Nursing Homes

In 2017, there were approximately 393 nursing homes in Boston, with 39,000 persons on average receiving daily care in a nursing home, according to The Center for Health Information and Analysis (CHIA). Recent research has depicted the elder care system in stark detail. Here are some notable facts:

• Seniors who have experienced abuse are 300% more likely to die than those who have not.
• Of elder abuse cases, only 1 in 25 are reported to the authorities.
• Physical abuse is the most common type of abuse recorded in nursing homes and residential care communities, accounting for about 38% of all complaints.
• Every year, one in ten elderly people suffer from elder abuse of some kind, and many of them face several different kinds of abuse at once.
• A 2023 study completed by the AARP and the National Option Research Center shows that elderly victims of financial abuse over age 60 lose approximately $28.3 billion/year..

Data from the National Council on Aging and the National Center on Elder Abuse (NCEA) reveals the dark side of these long-term care facilities. Unfortunately, abuse in nursing homes is a prevalent issue which often goes unacknowledged. At Cutler & Associates, we are passionate about putting a stop to nursing home abuse in our communities.

Telltale Signs of Nursing Home Abuse

Abuse in nursing homes can take many different forms. Some signs of abuse could be easy to spot, but others are more subtle. Elder safety depends on paying close attention to when nursing home abuse might be occurring. Here, we explore the various varieties of abuse and how they may be evident.

Psychological and Emotional Abuse

This type of abuse happens when a caregiver employs words or nonverbal actions to inflict pain or suffering on the patient's emotions. The following are common abusive behaviors:

• Verbal Abuse: This involves yelling, shouting, using harsh or insulting language, and demeaning or humiliating the resident.
• Isolation: Preventing residents from interacting with others, which can lead to feelings of loneliness and depression.
• Threats: Making threats of harm or punishment to instill fear.
• Manipulation: Exploiting and controlling a resident for personal gain.
• Neglect of Emotional Needs: Ignoring residents' emotional or social needs, such as failing to provide social interaction.

Emotional abuse can manifest as withdrawal, sadness, worry, or abrupt behavioral changes. A resident may fear or feel hopelessness and worthlessness around specific caregivers.    

Neglect

Failure to provide necessary care which puts a resident in danger of harm is known as neglect. Abused elderly experience neglect in the following areas:

• Basic Needs: This involves failing to provide adequate food, water, or a safe and clean environment, leading to malnutrition, dehydration, or health risks from unsafe living conditions.
• Medical: This occurs when the nursing home fails to provide proper medication, medical care, or monitoring or does not adequately address the health concerns or conditions of the residents.
• Personal Hygiene: This neglect is seen when residents do not receive help with laundry, bathing, grooming, or dental care, affecting their cleanliness and overall health.
• Emotional or Social Needs: This happens when staff ignore residents or leave them alone for extended periods, leading to feelings of loneliness, depression, and isolation.

Physical Maltreatment

In nursing homes, physical abuse can take many different forms, from rough treatment to violent assault. Residents can suffer the following:

• Hitting or Slapping: Physical assault involving striking a resident with hands or objects.
• Pushing or Shoving: Forcefully moving a resident, potentially causing falls or injuries.
• Improper Restraint: Using physical constraints for convenience or punishment.
• Pinching or Kicking: Inflicting pain through sharp, forceful actions.
• Burning: Causing intentional harm by exposing residents to hot objects or liquids.
• Force-feeding: Aggressively making residents eat or drink against their will, which can lead to choking or other injuries.

Severe behavioral changes might also be signs of physical abuse, such as agitation, fear, or an unwillingness to talk in front of personnel.

Sexual Assault

Any non-consensual sexual contact is a very disturbing violation of sexual abuse in nursing homes. Among the indicators are:

• Bruises in the genital or breast area
• Diseases spread by sexual contact
• Blood or rips on undergarments
• Issues related to genital hygiene

Additionally, there might be abrupt behavioral shifts, such as worry, despair, or distancing from particular people.    

Financial Abuse

When a caregiver misappropriates or unlawfully exploits a resident's money, belongings, or property, it is considered financial exploitation. This may consist of:

• Theft: Directly stealing money, personal belongings, or valuables from residents.
• Fraud: Involving deception for financial gain, such as forging a resident's signature on financial documents or checks.
• Misuse of Authority: This includes situations where someone with legal authority, like a power of attorney, misuses their position to siphon funds.
• Coercion: Forcing or manipulating a resident into signing financial documents or altering plans.
• Scams: Residents may be tricked into participating in scams, thinking they are legitimate investments or charitable causes.

If you recognize the different signs of abuse, you should act immediately. You can contact the nursing home administration or seek legal advice to address your concerns.

Reasons for Abuse in Nursing Homes

The causes of nursing home abuse are multifaceted, arising from a combination of individual, organizational, and systemic factors. Examining root causes helps shed light on ways we can improve as a society.

Understaffing

At the heart of many nursing home abuse cases lies the critical issue of understaffing. Facilities operating with inadequate caregivers are in a vicious cycle where the quality of care is compromised. Staff members, stretched thin across too many residents, grapple with burnout and frustration. In such environments, neglect becomes an unintended consequence, leaving residents without the attention and care they critically need.

The Training Gap

Equally alarming is the lack of comprehensive training for nursing home staff. The specialized needs of elderly residents, particularly those with cognitive impairments like dementia, demand a nuanced approach to care. However, a training shortfall leaves caregivers ill-equipped to manage these challenges effectively, leading to instances of neglect and, in severe cases, abuse.

Poor Working Conditions

The demanding nature of caregiving, combined with poor working conditions characterized by low pay, limited benefits, and high job stress, can create an environment which is conducive to abuse. Workers who face constant pressure with little support may unintentionally harm those they are meant to protect, highlighting the need for systemic change within the industry.

Inadequate Oversight

A lack of rigorous oversight in nursing homes can create an environment where abusive behaviors are overlooked or ignored. Regular monitoring and strict enforcement of care standards are crucial to maintaining a safe environment for residents. Without these checks, abusive practices can proliferate while staying hidden from the scrutiny of regulators and family members.    

The Isolation Factor

Isolation amplifies the risk of abuse for many nursing home residents. Those without regular visitors or family connections become easy targets for unscrupulous caregivers. This isolation, both physical and emotional, can silence victims, making it difficult for instances of abuse to come to light.

Cognitive Impairments

Residents with dementia or other cognitive impairments face a heightened risk of abuse. Their inability to communicate effectively or recall events accurately makes them particularly vulnerable to exploitation and harm. This underscores the need for specialized training and approaches to safeguard these individuals.

Societal Attitudes

Cultural and societal attitudes towards aging and the elderly also play a role in nursing home abuse. Ageism, or discrimination against people because of their age, can manifest in neglectful or abusive treatment of older adults. Changing these ingrained attitudes is critical to fostering respect and empathy for the elderly.

A Collective Solution

Addressing the multifaceted causes of nursing home abuse requires a concerted effort from multiple parties. This includes:

• Implementing stricter regulations
• Ensuring adequate staffing levels
• Improving caregiver training and support
• Fostering a culture of dignity and respect for the elderly

Our moral obligation is to protect and ensure the safety and well-being of the elderly as they approach the end of their lives. Eradicating nursing home abuse is a challenging task, but it is not impossible. Though there are hurdles to overcome, it is a feasible goal. By addressing root causes, we can offer hope and protection to those who deserve our utmost care and respect.    

A Guide to Selecting a Nursing Home

Consider care, safety, and quality of life from an all-encompassing perspective while drafting a nursing home checklist. Make sure your loved one is receiving the finest care possible by using this checklist.

Initial Investigation

• State Records and Ratings: Look into each prospective facility’s ratings and reviews online. To find out about licenses, inspection results, and any complaints or infractions, visit the website of the Boston Department of Public Health. Additionally, ratings for staffing, quality metrics, and health inspections are available on the Medicare Nursing Home Compare website.
• Location and Accessibility: Consider how close the nursing home is to friends and family to ensure frequent visits are possible. Also, assess the ease with which residents can access medical care outside the facility when necessary.

Visit the Chosen Facility

• Initial Impressions: Take note of the facility's upkeep and cleanliness. An orderly setting can indicate the standard of care being provided.
• Staff Interactions: Pay attention to the way employees engage with the residents. Seek out attentive, understanding, and individualized care methods.
• Resident Satisfaction: Focus on the residents. Do they appear involved and well-taken care of? Are they conversing with staff members and one another?
• Security and Safety: Look for safety features, including guardrails, emergency notification systems, and locked doors and windows.

 Quality of Care

• Staffing Levels: Find out how the staff-to-resident ratios stack up against the state and national  averages. Sufficient staffing is essential for individualized treatment.
• Proper Medical Care: Be aware of how to get regular checkups, handle emergencies, and find out what specialist services are available.
• Medication Management: Find out how residents' prescriptions are managed and given to them.

This brief checklist is intended as a starting point. Depending on the requirements and preferences of your loved one, you may have additional requirements.    

Statewide Nursing Homes Laws Which Matter the Most

Massachusetts has taken strong action against abuse in nursing homes by passing laws and regulations to address the issue of nursing home abuse in Boston and surrounding areas. The state's dedication to protecting our community's most vulnerable citizens is reflected in the legislation.

• Department of Public Health Regulations: The Boston Department of Public Health (DPH) has established extensive guidelines which assisted living facilities must abide by. These rules (105 CMR 150.000) address many operational and care requirements, such as the institution's physical environment, medication administration, and staff credentials. They also explain the process for investigating allegations of abuse or neglect.
• Boston General Laws Chapter 111: These sections (Sections 70E through 70H) give residents of nursing homes certain rights, such as the right to privacy, the freedom to have visitors come and go at any time, and the authority to handle their finances. These laws guarantee that locals receive the decency and respect they are due.
• Patient Abuse Law: This law (MGL c.111, § 72G) requires that any abuse, mistreatment, or neglect of patients in long-term care facilities be reported. This law also put into place a system for filing and investigating abuse complaints to ensure swift resolution. This process is continued throughout MGL c.111 §72H.

Nursing home residents and their families can feel more empowered to fight for their rights if they know these laws and regulations. Cutler & Associates is experienced in dealing with these laws, and we are on your side if you or a loved one is in a care facility and you suspect mistreatment. Call us today to schedule a free consultation.

Federal Nursing Home Abuse Resources and Laws

Boston nursing homes are both a state matter and a federal concern. The combination of state and federal legal safeguards creates a robust framework for protecting our most vulnerable population.

Nursing Home Reform

The Nursing Home Reform Act (NHRA) of 1987 offers significant protections for nursing home residents at the federal level. Originating from ongoing concerns regarding the level of care provided in extended-care facilities, the NHRA established uniform benchmarks which nursing homes must fulfill to be eligible for Medicare and Medicaid reimbursements. These guidelines guarantee that inhabitants have the right to appropriate medical, physical, psychological, and social assistance and to be treated with dignity and free from abuse and neglect. The NHRA is a vital component of Boston families' legal defense against abuse in assisted living facilities.

Long-Term Ombudsman Program

The Older Americans Act created the Long-Term Care Ombudsman Program. There is an Ombudsman Program in every state, including Massachusetts, which is devoted to defending the rights and welfare of those residing in nursing homes. In addition to acting as mediators and conducting investigations into complaints, ombudsmen also give residents and their families information and counsel on handling abuse and neglect cases. All Boston residents who need help or advice can access their services, which are free and confidential.

Medicare and Medicaid Services Centers (CMS)

The NHRA sets guidelines enforced by the Centers for Medicare & Medicaid Services (CMS). CMS audits and inspects nursing facilities to ensure they adhere to federal regulations. Their findings are accessible to the general public, providing families with an open picture of a facility's safety records, level of care, and any infractions. When choosing a nursing home in Boston, the CMS website is a priceless tool. It thoroughly describes every state's nursing homes which are approved by Medicare and Medicaid. The federal government supplements state regulations to safeguard residents of elder care homes better. In the unfortunate event of nursing home abuse, remember legal safeguards exist to protect every resident.    

Federal Reporting and Complaint Systems

Federal laws also emphasize the importance of reporting abuse. The Elder Justice Act of 2010, part of the Affordable Care Act, established specific requirements for reporting suspected abuse in federally funded nursing homes. This means facilities in Massachusetts are legally obligated to report any incidents of abuse, neglect, or exploitation to federal authorities. These federal laws and resources offer a safety net, complementing state laws which protect nursing home residents. In the unfortunate event that you or a loved one encounters abuse in a nursing home, remember these federal protections are in place to help uphold the rights of every resident.

How to Report Abuse in Nursing Homes

It is devastating to learn that a loved one has been abused in a nursing home. There are some important steps you should take to report what has happened. These steps are outlined below.

Step 1. Record Everything

If you suspect abuse, start by recording everything. Make thorough notes of everything you observe, discuss, and communicate with the nursing facility staff. Images showing wounds or unhygienic settings can be very persuasive proof. Documentation backs up your claims and aids regulatory bodies in their research.

Step 2. Report Abuse to the Facility

Though you may feel apprehensive, considering it is the facility which you have a problem with, it's important to notify the nursing home's management about the mistreatment. According to state law, assisted living facilities must have a complaint system. This involves documenting your complaints and assessing the facility's ability to address and resolve the problem.

Step 3. Inform State Agencies

Boston provides several reporting alternatives if the facility doesn't properly address abuse issues. The main organizations you can turn to include the following:

• Department of Public Health (DPH): DPH investigates complaints of financial exploitation, mental distress, physical abuse, and neglect.
• Division of Health Care Facility Licensure and Certification of the DPH: This department accepts complaints over the phone or online. Give as much information as you can about the abuse episodes, such as the dates, times, and names of the people who were abused.
• Long-Term Care Ombudsman Program: The Boston Executive Office of Elder Affairs manages a program advocating for nursing facility patients and assists with complaints.

Step 4. Contact Law Enforcement

Contact the Boston Police Department (BPD) if there has been serious neglect, assault, or other criminal activity. The victim's safety must come first, and law enforcement can start a criminal inquiry and offer emergency protection.

Step 5. Consult a Lawyer

Speak with a Boston lawyer with nursing home abuse  law experience. Lawyers can advise you on what actions to take for your loved ones. By reporting abuse, you help create an environment where accountability is valued. Every report aids regulatory agencies in spotting trends, upholding laws, and improving every nursing home resident's safety.    

Helpful Resources for Families

There are multiple advocacy organizations, counseling programs, and support groups for families in Boston who have experienced abuse in nursing homes:

• BostonAdvocates for Nursing Home Reform (MANHR): MANHR defends the rights of Boston nursing home residents as a consumer advocacy group, working to uphold their dignity and receive high-quality care. On their website, you can find lobbying opportunities and educational tools.
• Executive Entity of Elder Affairs: Via a network of local and regional non-profit organizations, this Boston government entity offers a comprehensive range of aging-related services, tools, and assistance. They support older adults living and thriving securely and independently by collaborating with providers, caregivers, and older adults. Go to Elder Affairs at Mass.gov for further information.
• National Alliance on Mental Illness: Aging and Disability Resources Consortiums, Aging Services Access Points, Area Agencies on Aging, FriendshipWorks, Healthy IDEAS, Elder Mental Health Outreach Teams, and various elder abuse reporting resources are just a few of the resources and support which NAMI offers to older adults. The website of NAMI has comprehensive details.

These agencies offer a wide range of support to assist families in navigating the fallout from abuse in assisted living facilities, including advocacy, legal aid, and mental health care.

How Boston Is Creating a Safe Environment for Nursing Home Residents

Boston aims to implement many nursing home care improvements with innovative technologies, practices, and policies. Here are some key areas of development:

1. Community-Based Options: There's a growing trend toward providing support which allows seniors to remain in their homes or community settings as long as possible. Services such as the Program of All-Inclusive Care for the Elderly (PACE) and various home and community-based services offer senior citizens comprehensive medical and supportive services in the comfort of their own homes.
2. Technology Integration: Boston nursing homes use technology for better resident care, including electronic health records, telemedicine services, and advanced monitoring systems.
3. Specialized Care Programs: Many facilities offer specialized care programs tailored to the unique needs of their residents. For example, programs for individuals with dementia focus on structured activities and therapies to improve quality of life.
4. Staff Training and Development: There is a significant emphasis on enhancing staff skills and knowledge through ongoing training programs. These programs cover medical and care skills, interpersonal communication, and the psychological needs of the elderly.

Person-centered care is gaining popularity, enhancing residents' experiences while respecting their dignity and individuality.

Legal Options for Victims of Nursing Home Abuse

Those who are subjected to abuse in nursing homes and their families often feel helpless in the face of it. Nonetheless, state law offers several paths for pursuing legal action. The statutes give impacted parties the ability to hold offenders responsible.

The Legal Procedure at a Glance

Civil litigation for abuse in a nursing home usually entails bringing a claim against the facility or individual employees who committed the abuse. The claim is typically filed in civil court and follows a path similar to the outline below.

• Submit a Complaint: In a formal complaint filed with the court, you list the alleged wrongdoing and the requested damages. This initiates the legal process.
• Discovery: After the lawsuit has been filed, both sides will share whatever evidence and information they have, allowing each side to understand the position of the other.
• Settlement Talks: Many nursing home abuse lawsuits end up being resolved out of court. Your attorney will negotiate for fair financial compensation to avoid going to trial whenever possible.
• Trial: The matter will proceed to trial if a fair settlement cannot be reached. A judge or jury will determine the final award amount.

Fighting nursing home abuse requires protecting residents' dignity and seeking justice for all. Pursuing legal action makes it clear that mistreatment won't be accepted.    

Potential Defendants in a Nursing Home Abuse Lawsuit

Our senior loved ones' safety is something we cannot compromise. Sadly, there are still alarming cases of abuse in nursing homes. Who can be held responsible in such a circumstance? Let us examine the possible defendants:

• Nursing Home Management Companies: A management company is responsible for overseeing the day-to-day operations of a nursing home. If it is discovered that these organizations' policies, hiring practices, or training protocols encourage an atmosphere which fosters abuse or neglect, they may be held accountable.
• Third-Party Contractors: Nursing homes sometimes use outside companies to provide medical attention, cleaning services, and catering. They may also be held accountable if the neglect or abuse of a resident results from the carelessness of these outside contractors. For instance, a hired physician may be held liable for medical malpractice if they fail to provide proper treatment.
• The Nursing Home Facility: The facility itself is the most obvious target of a lawsuit alleging mistreatment in a nursing home. The harm which residents experience is frequently directly caused by the activities or neglect of the nursing home or its staff. Nursing facilities are required by law to offer a certain level of care. If this requirement is not met, the facility may face legal consequences.
• Individual Staff Members: A lawsuit may be filed against specific employees if specific acts of abuse or neglect can be linked to them. So long as their conduct contributed to the resident's injuries, this covers everyone from nurses and caretakers to administrative staff.
• Government Agencies: In rare cases, government agencies responsible for overseeing assisted living facilities may face legal action if they fail to uphold regulations or investigate complaints, thereby enabling abuse. Suing a government body, however, entails unique processes and privileges, making it a difficult course of action.

Choosing a nursing home for a loved one requires trust and the expectation of receiving compassionate care. It's critical to know who is accountable when that trust is violated by abuse or neglect. You can effectively fight for justice if you have access to legal representation. At Cutler & Associates, we can take your case on a contingency fee basis, meaning you will not owe any upfront fees. Call us to schedule a free case review now if you suspect your loved one has been subjected to nursing home abuse.

How to Establish Nursing Home Negligence

According to the law, neglect is the failure to provide the level of care which a reasonable person would have given in the same situation. The plaintiff's (i.e., the resident or their family) responsibility is to prove that negligence occurred and resulted in some type of harm.

The Four Elements of Negligence

1. Duty of Care: Prove that the resident had a duty of care from the assisted living facility. This is usually simple because it is legally required of nursing homes to guarantee the safety and well-being of their residents.
2. Breach of Duty: Prove that the assisted living facility failed to meet its duty of care. This demonstrates that the care given was subpar, either by action (abuse) or inaction (neglect).
3. Causation: It must be evident that the abuse or neglect directly caused the resident's injuries or decline in health.
4. Damages: Present proof of any monetary, psychological, or physical harm brought on by the negligence. This can include testimonies regarding the resident's declining quality of life, medical bills, and psychiatric assessments.

In cases of nursing home abuse, proving negligence requires perseverance, diligence, and a methodical approach. With the help of a Boston nursing home abuse attorney, you can hold those responsible accountable.

When Abuse Becomes Wrongful Death

In the worst-case scenarios, mistreatment in a nursing home can result in a resident's premature death. When a resident passes away as a result of the facility's or its employees' deliberate or careless actions, it is considered a wrongful death. Legal options are available to people affected by these fatalities under state law.

Legal Recourse

Families can hold assisted living facilities responsible by filing a wrongful death lawsuit. This lawsuit will not only pursue monetary compensation for the losses incurred, but it also attempts to prevent future abuse and wrongful deaths by holding facilities accountable.    

Who May File a Wrongful Death Lawsuit?

The only individual with the legal capacity to file a wrongful death lawsuit is the executor or personal representative of the deceased's estate. The probate court will designate a representative if the deceased did not name one in their will.

Damages for the Surviving Family Members

Claims for death due to negligence cover material and immaterial losses resulting from a loved one's passing. The particular guidelines for these damages are found in Section 2 of Massachusetts General Laws Chapter 229. Damages may consist of:

1. Medical Expenses: Costs incurred for treating the final illness or injury leading to death.
2. Financial Support: Compensation for those who were financially dependent on the deceased.
3. Funeral and Burial Expenses: Reasonable costs related to funeral services and burial.
4. Loss of Companionship: Compensation for the loss of love, care, guidance, and counsel the deceased provided.
5. Pain and Suffering: If it's evident that the deceased suffered before death, compensation for this pain can be sought.
6. Punitive Damages: These are awarded in cases where the defendant's actions were especially harmful, demonstrating gross negligence or malicious intent.

Consulting with an attorney can help ensure all procedural requirements are met to present a strong case.

Typical Reasons for Wrongful Deaths

The causes of wrongful deaths in Boston nursing homes vary. These tragic events revolve around negligence and misconduct in various forms. Some of the most commonly cited causes include:

1. Falls: Many wrongful deaths in nursing homes stem from falls, which can occur when residents with limited mobility or balance issues do not receive adequate support. Severe injuries like head trauma or broken bones, if not promptly and properly treated, can lead to fatal outcomes.
2. Medication Errors: These can include giving incorrect doses, the wrong medication, or failing to administer medication. Such mistakes can have dire consequences, particularly for residents with complex health needs.
3. Infections from Pressure Ulcers: Also known as bedsores, these are often preventable but can lead to severe infections like sepsis if not properly managed, which can be fatal.
4. Improper Medical Care: This broad category includes failures like not responding adequately to medical emergencies, misdiagnoses, or the inadequate management of pre-existing conditions.
5. Physical and Emotional Abuse: Abuse from staff can lead to serious physical injuries or emotional distress, which can deteriorate a resident's health rapidly.
6. Neglect: This encompasses failing to meet basic needs such as hydration, nutrition, and hygiene or not providing necessary healthcare.
7. Unsafe Living Conditions: This includes environmental hazards within the facility which can lead to accidents or exacerbate health conditions.

Families of victims should seek justice and compensation through wrongful death claims, which aim to hold facilities accountable and prevent further incidents. Consider enlisting a lawyer with a strong track record of fighting mistreatment in nursing homes.

Your Right to Fair Compensation

We trust nursing homes to treat our loved ones with respect and care. Sadly, it is all too typical for abuse to occur in nursing homes. Residents and their families deserve better. At Cutler & Associates, we hold negligent parties accountable to make Boston a safer place for everyone, particularly our elder population, who deserve our respect and care.    

Compensation Damages

What do we mean when we talk about compensatory damages? This form of legal recompense is awarded in civil lawsuits to compensate the plaintiff for losses, injuries, or harm from the defendant's actions. The aim is to "make whole" the injured party. In this case, victims receive monetary and non-monetary compensation for the nursing home abuse and neglect they suffered.

• Economic Damages: These cover concrete losses like medical bills for injuries sustained during abuse, psychological treatment costs, and, occasionally, the cost of moving to a different facility. If the abuse results in a permanent impairment, future medical expenses and any required house changes might also be compensated.
• Non-Economic Damages: These awards aim to compensate victims for the intangible losses. This encompasses physical and mental anguish, psychological misery, diminished life satisfaction, and, in certain situations, the absence of companionship. Non-economic damages are more difficult to calculate since they try to put a monetary value on the victim's suffering.

A lawsuit alleging abuse at a nursing facility may offer a clear way forward. Speak with an experienced attorney to ensure you receive the fullest amount of money for the psychological and physical abuse you or your loved one suffered.

Time Limits Set for Filing a Nursing Home Abuse Claim

Are you looking to file a claim for nursing home abuse? If so, you generally have a three-year window to do so. This period starts from the time when the abuse should have been discovered rather than when it occurred. This is key because it acknowledges that sometimes abuse isn't immediately obvious. Why is there a deadline? The statute of limitations helps ensure lawsuits are brought forward while evidence remains fresh and memories of the incident remain clear. This timeliness helps preserve evidence quality and witness accounts' accuracy. Unfortunately, if you miss this three-year mark, you'll likely lose the chance to seek legal remedy for any harm done. It’s a good idea to talkwith a lawyer as soon as possible if you suspect abuse so you don’t miss your opportunity for justice.

We Help Injury Victims Settle Claims

Have you or a loved one experienced mistreatment in a nursing home? Finding an ally who understands your pain and is willing to fight for justice alongside you is the first step toward healing. You may hesitate to proceed due to concerns about high legal costs, lengthy legal proceedings, and emotional distress. However, you can get excellent legal representation right now, regardless of your ability to pay upfront. We take injury cases and wrongful death matters on contingency, meaning your legal fees will be paid out of the final settlement as a percentage which you will agree upon with your lawyer. We will never ask you to pay a retainer or an hourly rate. At Cutler & Associates, our team has provided legal assistance to thousands of clients for over 40 years, with over 7,500 cases handled, and millions of dollars obtained for our clients, delivering results and renewed hope. Your case will receive personalized attention, 5-star negotiation skills, and exceptional courtroom representation in the event a fair settlement is not offered. Many clients come to us through referrals, reflecting our commitment to excellence and client satisfaction. We know how hard it is to deal with knowing your loved one was abused and neglected in a place you chose to put your trust in for their care. The best thing you can do now is to make sure to hold the facility, any negligent workers and any other guilty parties accountable for what they have done to both get justice for your loved one and to help make nursing homes in Boston safer for all residents going forward.

Contact Cutler & Associates Now

Abuse at nursing homes is disgusting, immoral, and intolerable. Together, let's fight against it and get justice for your loved one. Call Cutler & Associates today at (617) 542-5000 or (800) 600-4000.