Boston, MA Nursing Home Abuse Lawyer Blog

Nursing home abuse is, at this point, a well-documented and persistent problem in nursing home facilities. Nursing homes may use a variety of methods to try and solve this problem, such as better hiring practices and monitoring of staff. When preventative measures fail, however, it is equally important that nursing homes have a system in place by which the victims of abuse can report the crime and feel safe doing so. In such a situation, it would be wise to contact an expert nursing home abuse attorney at 617-787-3700.

According to an investigation by the Massachusetts Department of Health, supervisors at a nursing home located in Peabody, MA failed to report, or even to investigate, several instances of abuse between patients, including sexual abuse. State inspectors only uncovered the abuse after responding to a complaint in November 2018. It was during this investigation that the Department discovered that despite complaints of abuse, the nursing home staff failed to take appropriate action. The Department of Public Health immediately halted admissions to the nursing home until they were able to come back into compliance with regulations, which they eventually did after the resignation of the nursing home’s administrator and director.

One example of the negligent behavior by the nursing home supervisors include downplaying the severity of an incident. The supervisors allegedly changed language in one of the reports to suggest that instead of being “grabbed,” one of the residents had merely been “hugged.” The nursing home has since “re-educated” itself on the proper protocol for these situations, according to the Department of Health.

If you or a loved one has been injured as the result of nursing home abuse, you may be entitled to significant monetary relief. Act now and contact an expert nursing home abuse attorney here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!

In general, there are two main ways to deter undesirable activity. One way is to increase the monitoring of such an activity, such that people will be discouraged from participating given the knowledge that there is a greater likelihood of getting caught. The other way is to increase the punishment if one is caught. Neither method is perfectly effective, as the ongoing existence of all sorts of undesirable behavior demonstrates. However, it is certainly better than doing nothing at all, and is of particular relevance in the tort system, where undesirable behavior is the subject of many claims.

A recently proposed regulation by the Centers for Medicare and Medicaid Services would impose hefty fines on nursing home staff who fail to report reasonable suspicion of abuse-related crimes. The regulation is supported by the American Healthcare Association, although its leaders note that the fines will do nothing to proactively prevent nursing home abuse. Moreover, some are worried that these regulations will create a “chilling effect” in the nursing home profession, as it “singles out nursing home staff” and “will prevent skilled and passionate individuals from working in nursing homes.”

Whatever the validity of that line of reasoning, the fact remains that nursing home abuse is a widespread issue, and the proposed measures taken by the Center for Medicare and Medicaid Services are at least attempting to curb the issue, even if the measures have their drawbacks.

If you or a loved one has been injured as a result of nursing home abuse, you may be entitled to significant monetary relief. Act now and contact an expert nursing home abuse attorney here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential claim. Call our injury attorney specialists today at 617-787-3700 or email us at info@gilhoylaw.com for your free and private consultation. Your needs are our top priority!