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Nursing Home Abuse

Our Boston Attorneys Believe that Victims of Nursing Home Abuse Deserve the Highest Degree of Legal Representation

Protecting the rights of the most vulnerable among us

It is seldom an easy decision to place parents, grandparents or other beloved relatives in a nursing home. But when you do, you have a reasonable expectation that the administration and staff will attend to their medical, physical and emotional needs and keep them safe from harm. When nursing staff fail to provide such care, it’s a breach of trust and may be a violation of the federal Nursing Home Reform Act of 1987.

In 2010, there were an estimated 1.3 million Americans living in nursing homes. Far too many of them — approximately one in three, according to a recent study — are victims of nursing home abuse. The number of baby boomers now entering their 60s and those closing in on their 70s will undoubtedly lead to more and more people in nursing homes in the near future, with the potential for nursing home abuse to increase.

If you know or suspect your loved one has been the victim of nursing home neglect or abuse in Massachusetts, you have legal recourse. The personal injury attorneys at the Boston firm of Swartz & Lynch LLP help you get justice by pursuing compensation on your loved one’s behalf. We believe as you do: To harm people who are among the most vulnerable is the worst sort of negligence, and liable parties must be held responsible for their actions.

What constitutes nursing home abuse?

The Massachusetts Department of Health states that nursing home abuse is “the willful infliction of injury, unreasonable confinement, intimidation, including verbal or mental abuse, or punishment with resulting physical harm, pain, or mental anguish, or assault and battery; provided, however, that verbal or mental abuse shall require a knowing and willful act directed at a specific patient or resident.”

By definition, then, abuse can be physical or psychological. It can include:

  • Yelling at or verbally berating a patient
  • Use of restraints
  • Beating
  • Sexual assault
  • Financial abuse

In every case, it is a violation of the patient’s rights.

Spotting signs of nursing home abuse or neglect

Cases of nursing home abuse as well as home health aide abuse are not always obvious. What’s more, an elderly person who is ill, weak or confused is often not able or willing to report such abuse. Nursing homes where the abuse is taking place and where administrators turn a blind eye to what is happening are unlikely to be forthcoming. Weight loss may be explained away as a refusal to eat; bruising as an unfortunate bump into a piece of furniture.

Signs of abuse or neglect may include:

  • Weight loss
  • Dehydration
  • Injuries such as fractures, bruises or lacerations
  • Fearfulness or anxiety
  • Depression or withdrawal
  • Bedsores (decubitus ulcers)
  • Lack of hygiene

If you have a reason to believe that your loved one is being abused or neglected, contact the Massachusetts Department of Elder Affairs at 1-800-882-2003 immediately. Then, talk to one of our lawyers. We pursue all avenues of compensation to help you and your loved one get justice.

Aggressive representation and compassionate care for victims of nursing home abuse

For more information about how an attorney with Swartz & Lynch LLP can help with nursing home abuse, please contact an injury lawyer online or call us at 857-250-0664 to schedule a free initial consultation. We are conveniently located just blocks from the Blue, Green and Red Lines. If you are unable to travel, we can arrange to meet you at the hospital or your home.