When a loved one resides in a nursing home, you trust that they will be treated with dignity, care, and respect. You may or may not realize that nursing home abuse and neglect are all too common, which leaves families devastated and in search of justice. If you suspect abuse, collecting evidence is a critical step in building a strong case against the abusers and holding those responsible accountable.
We discuss evidence for a nursing home abuse claim in Massachusetts in the following article, as well as laws and specific steps you can take to protect your loved one’s rights.
Consult with a Massachusetts personal injury lawyer if you suspect abuse and need legal help. The team at Brandon J. Broderick, Attorney at Law is ready and standing by.
Understanding Nursing Home Abuse and Neglect
Nursing home abuse can take many forms, including physical abuse, emotional neglect, financial exploitation, and medical malpractice. It’s not always easy to recognize, as many victims may be unable or unwilling to report their mistreatment. Signs of abuse can include unexplained injuries, changes in behavior, malnutrition, or poor hygiene.
Massachusetts has laws in place to protect residents of nursing homes under its elder protection statutes. Facilities must meet strict care standards, and failure to do so can result in liability. Understanding these laws is an essential foundation for your claim.
Legal Framework for Nursing Home Abuse Claims in Massachusetts
In Massachusetts, nursing home abuse claims typically fall under personal injury law or medical malpractice statutes. Facilities are required to provide a standard level of care, and any deviation that causes harm can constitute negligence. The Massachusetts Adult Protective Services Act outlines specific protections for elderly and disabled individuals.
When filing a claim, you will need to demonstrate that the nursing home’s actions—or lack of action—directly caused harm to your loved one. Evidence plays a pivotal role in proving your case, so it’s important to begin collecting it as soon as you suspect abuse.
Steps to Collect Evidence for a Nursing Home Abuse Claim
1. Document Physical and Behavioral Changes
Photographs and written descriptions of any visible injuries or changes in behavior can provide critical proof of abuse. Look for signs such as bruises, burns, bedsores, or weight loss. Keep a journal detailing any unusual changes in your loved one’s demeanor, including increased fear, anxiety, or depression.
2. Obtain Medical Records
Medical records are an essential piece of evidence in nursing home abuse cases. They can show inconsistencies between the care that was promised and the actual treatment provided. These records may also include details about unexplained injuries or signs of neglect.
Under Massachusetts law, you are entitled to access your loved one’s medical records with their consent. Be sure to request these documents promptly, as delays can affect your case.
3. Speak with Staff and Witnesses
Conversations with staff members, other residents, or visitors can provide valuable insights into the conditions of the nursing home. Witness statements can help establish a pattern of abuse or neglect. Be sure to take detailed notes and ask open-ended questions about what they have observed.
4. Gather Facility Inspection Reports
Massachusetts nursing homes are subject to inspections and must comply with state and federal regulations. These inspection reports can reveal violations, previous complaints, or patterns of inadequate care. You can request these reports through the Massachusetts Department of Public Health.
5. Review Financial Records
In cases of financial exploitation, reviewing bank statements, credit card bills, and other financial records can uncover unauthorized transactions. This type of abuse often targets vulnerable residents, so it’s important to act quickly if you notice unusual activity.
The Role of Expert Witnesses
In some cases, expert witnesses may be necessary to strengthen your claim. These professionals can include medical experts, elder care specialists, or forensic accountants who can provide testimony on the quality of care, medical implications of injuries, or financial misconduct.
Expert testimony is especially valuable in cases involving complex medical or financial issues, as it can clarify technical details and help establish liability.
Filing a Nursing Home Abuse Claim in Massachusetts
Once you’ve gathered sufficient evidence, the next step is to file a claim. In Massachusetts, the statute of limitations for personal injury claims, including nursing home abuse, is generally three years from the date of injury or discovery. However, exceptions may apply in certain cases, so consulting an attorney as soon as possible is essential.
An experienced attorney can help you navigate the legal process, from filing the claim to negotiating with insurance companies or representing you in court. They will ensure that all evidence is presented effectively and that your loved one’s rights are protected.
Protecting Your Loved One During the Process
While collecting evidence, it’s important to prioritize the safety and well-being of your loved one. If you suspect immediate danger, contact local law enforcement or Massachusetts Adult Protective Services. Removing your loved one from the nursing home may also be necessary to ensure their safety.
Call Brandon J. Broderick For Legal Help
Navigating Massachusetts nursing home abuse claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.