For a FREE and CONFIDENTIAL Consultation About Your or Your Loved One's Neglect and Abuse Law Claim, Call (617) 787-3700 Today to Immediately Speak With a Boston Nursing Home Abuse and Neglect Attorney!
Federal and State statutes have been enacted to protect the elderly residents of nursing homes from abuse and neglect at the hands of their caretakers and others.
Federal Law
Incidents of abuse and neglect in nursing homes continue to be reported at alarming rates. Also, many more instances of neglect and abuse go unreported.
In 1987, Congress passed the Omnibus Budget Reconciliation Act (OBRA 1987) in response to increasing reports of abuse and neglect in elder care facilities. OBRA provides that care to our elders must be administered in accordance with established nursing home and regulatory agency protocols. OBRA places a premium on the resident's quality of life, as well as the quality of care that they receive.
Some provisions of OBRA, designed to protect our elderly loved ones, include:
24 hour, 7 day a week, licensed practical nurse care;
Special training for all nurses, aides and other employees involved in patient care;
Maintenance and improvements in all aspects of resident life in the nursing home, including, but not limited to, living accommodations, nutrition and daily activities;
Responsibilities of the care facility must be enumerated and provided to residents and their proxies;
Rigorous physical and chemical restraint restrictions must be implemented in all facilities;
Premiums on the freedom of the residents in regards to their choice or refusal of medical treatment, types of daily activities, as well as the ability to submit any grievances without being subject to retaliation;
Every resident must be provided a written disclosure of all of their legal rights upon taking residence in the facility; and
Enforcement of these laws by programs that ensure compliance through the performance of routine evaluations of the facilities.
State Law
Elder abuse is defined under Massachusetts State law as including physical, mental or sexual abuse, as well as neglectful behavior or financial exploitation, by caretakers in private living environments. Massachusetts General Laws Chapter 111, Sections 72F-72L set forth the specific laws regarding the responsibilities for abuse prevention and reporting that caretakers, such as physicians, nurses and aides, have to their elderly patients. These laws also set forth the liability of these caretakers for breaching their legal obligations to elderly residents. These laws require and regulate:
The responsibility of the caretaker to submit a detailed report upon any suspicion of abuse or neglect; and
The prohibition of nursing homes to retaliate against any individual who in good faith reports an incident of suspected abuse or neglect.
Liabilities
Failure to adhere to these standards, as provided by Massachusetts law, is punishable by a fine, imprisonment or both.
If you have any suspicions that your loved one is suffering from Massachusetts nursing home abuse, there are a number of steps that should be taken immediately. You should take trips to the Massachusetts nursing home facility as frequently as you are able, and at various times of the day. This will enable you to become better acquainted with the ordinary course of events at the Massachusetts nursing home and may provide you with further insights with regard to your suspicions of abuse.
You should discuss your concerns with your loved one immediately. There are a number of reasons that may explain why an elder loved one does not come forward and disclose that they are the victim of Massachusetts nursing home abuse. In an effort to help alleviate this issue, you should communicate with your loved one that you have their best interests at heart, and that it is critical that there is an open line of communication between the two of you.
In addition, if you suspect that your loved one is being victimized by Massachusetts nursing home abuse, you should not hesitate to speak with the Massachusetts nursing home staff, directors and administrators, including all doctors, nurses and aides. The greater the number of people that you are able to speak with the better, as you will be able to get more information and gain better insights as to whether or not your Massachusetts nursing home abuse suspicions are valid. The Massachusetts nursing home abuse attorneys at our Boston, MA law firm consult with a number of medical experts to ensure that the injuries of our Massachusetts nursing abuse victim clients are properly evaluated and, if possible, stopped. We are also recognized experts at obtaining money damages for nursing home injuries.
There is a Massachusetts statute of limitations that limits the amount of time that you may have to make a claim. It is, therefore, critical that you contact our Massachusetts nursing home abuse attorneys as soon as you suspect any degree of Massachusetts nursing home abuse. We are skilled advocates who will fight on our Massachusetts nursing home abuse clients' behalf until they obtain the full compensation that they deserve. Do not hesitate to call us today at 617-787-3700 or email us at info@gilhoylaw.com. Your needs are our top priority!
Our expert Massachusetts elder abuse attorneys represent Massachusetts nursing home personal injury victims throughout the Commonwealth.
If it is more convenient for you, Attorney Gil Hoy will come to your home, office, nursing home, or another location to meet with you and discuss your neglect and abuse law claim.
We know how important this is for you. Call us 24 hours a day, 7 days a week. Even if you get our answering service, leave a message because we will call you right back. You can count on it.
