Lowell Nursing Home Abuse Lawyer

Nursing home abuse is a serious and distressing issue that affects many senior citizens in Lowell and across Massachusetts. Families trust nursing homes to provide safe, compassionate care to their loved ones, but unfortunately, cases of abuse, neglect, and medical malpractice are all too common.

For victims and their loved ones, seeking help from an experienced nursing home abuse lawyer is crucial. With the support of an experienced attorney, families can hold negligent facilities accountable, ensure justice is served, and protect other residents from facing similar abuse.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to pursuing justice and obtaining fair compensation for victims of nursing home abuse. Our experienced nursing home abuse and neglect law firm has a strong record of handling these cases with care and securing meaningful settlements and verdicts.

We conduct detailed investigations to address every aspect of abuse, including medical costs, emotional distress, and other damages experienced by victims. Our extensive expertise in nursing home litigation allows us to efficiently manage your case while fighting persistently to uphold your rights.

Types of Cases Handled by Our Lowell Nursing Home Abuse Lawyers

Nursing home abuse involves any act or neglect that causes harm or suffering to elderly residents in care facilities. Our Massachusetts nursing home neglect lawyers are dedicated to advocating for victims in all types of personal injury cases, helping them seek justice and fair compensation for the harm they have endured.

Here are the main types of abuse cases our law firm handles:

Physical Abuse

Physical abuse occurs when a caregiver intentionally uses force that results in injury, pain, or impairment to a resident. This bodily harm includes actions such as hitting, slapping, kicking, or using restraints improperly.

Mental and Emotional Abuse

Mental and emotional abuse involves causing psychological harm to a resident, often through verbal harassment, intimidation, or isolation. Examples include yelling at residents, making threats, or humiliating them in front of others. This type of abuse can be particularly damaging because it often goes unrecognized, leaving residents suffering in silence.

Sexual Abuse

Sexual abuse in nursing homes refers to any unwanted sexual contact or behavior directed at a resident. This form of abuse is devastating, as elderly residents may be physically or mentally unable to defend themselves. Sexual abuse may involve unwanted touching, forced nudity, or sexual assault.

Medical Malpractice

Medical malpractice occurs when nursing home staff fail to provide appropriate medical care, leading to injury or deterioration in a resident’s health. Common examples include untreated pressure ulcers caused by lack of movement, medication errors, and failure to respond to health concerns.

Negligence

Nursing home negligence occurs when staff fails to provide basic care, resulting in harm to the resident. This neglect can include poor hygiene, lack of proper nutrition, dehydration, or failure to supervise residents with cognitive impairments.

Financial Abuse

Financial abuse involves the exploitation of a resident’s financial resources, often by caregivers or other facility staff. This abuse can include theft of cash or valuables, unauthorized access to bank accounts, or coercing the resident into signing financial documents.

Wrongful Death

Wrongful death can occur due to untreated infections, fatal falls from inadequate supervision, or severe medical errors. The victim’s family may pursue a wrongful death claim to seek justice for their loved one and hold the long-term care facility responsible for its failures.

Understanding Your Legal Rights

Nursing home residents have important rights under both federal and Massachusetts state laws designed to protect them from abuse, neglect, and exploitation.

The Nursing Home Reform Act of 1987 is a key federal law that sets standards for care in nursing facilities. This act mandates that nursing home residents are entitled to quality medical care, personal dignity, and protection from abuse and neglect. 

Under this law, nursing homes must provide adequate staffing, ensure proper hygiene and nutrition, and create a safe, clean living environment. Violations of these standards can lead to penalties and legal action.

Massachusetts state law further strengthens these protections, requiring nursing homes to follow strict care standards that include residents’ rights to privacy, informed consent, and freedom from financial exploitation. 

Massachusetts also regulates staffing requirements and mandates that facilities conduct background checks on employees, helping to prevent neglect and abuse by underqualified or unvetted caregivers. These state laws give residents and their families the power to report violations and pursue compensation when abuse or neglect occurs.

Eligibility to File a Nursing Home Abuse Claim 

If the residents are capable of representing themselves, they may file a personal injury claim to hold the facility accountable and pursue damages. In cases where the resident is incapacitated or otherwise unable to file a claim, a spouse, adult child, or legal guardian may act on their behalf to protect their rights and seek compensation. 

In wrongful death cases, a claim can be filed by the representative of the resident’s estate—often a family member or appointed executor—to hold the nursing home responsible for the circumstances leading to the resident’s untimely passing.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home negligence and abuse, recognizing who is responsible is key to holding each accountable and securing justice for victims.

• Nursing Home Staff Members: Caregivers, nurses, and aides who directly interact with residents have a duty to provide safe, respectful care. If staff members engage in physical abuse or fail to meet basic care standards, they may be personally liable for the resulting harm.
• Nursing Home Administration and Management: The facility’s management is responsible for maintaining a safe environment, adequate staffing, and proper supervision of employees. If management fails to address or prevent abuse, such as not conducting background checks or allowing understaffing, they may share liability.
• Nursing Home Ownership: Many nursing homes are part of larger corporate ownership groups that oversee multiple facilities. When ownership prioritizes profit over resident safety, implementing cost-cutting measures that compromise care quality, they may be liable.
• Physicians and Medical Providers: Medical providers within nursing homes are expected to deliver appropriate medical care. If a physician or nurse practitioner fails to diagnose or treat a resident’s condition, they may be liable for medical malpractice.
• Third-Party Contractors: Some nursing homes contract with external providers for services like physical therapy, security, or specialized care. If these third-party contractors provide substandard care or engage in abusive behavior, they, along with the nursing home that hired them, may be held liable.
• Equipment Manufacturers: In certain cases, defective equipment within a nursing home, such as faulty beds or malfunctioning medical devices, can cause harm to residents. If an injury is due to equipment failure, the manufacturer of that equipment may be liable for damages alongside the nursing home if they were aware of the defect.

How Our Lowell Nursing Home Abuse Lawyers Can Help

Our nursing home abuse attorneys have extensive experience advocating for victims of abuse, neglect, and medical malpractice in Massachusetts nursing homes. 

With a strong commitment to securing justice for our clients, our law firm guides families through every step of the legal process, from investigating claims to fighting for fair compensation. Here’s how we support our clients:

Free Case Evaluation

We offer a free, no-obligation case evaluation to discuss your concerns, review any initial evidence, and help you understand your legal options. This consultation allows us to assess the strength of your case and provide guidance on the next steps, ensuring you have the information you need to make an informed decision.

Case Investigation

Our legal team conducts a thorough investigation to uncover the full extent of abuse or neglect. This step may include gathering medical records, speaking with witnesses, reviewing facility inspection reports, and identifying signs of negligence. A detailed investigation is crucial to building a strong case and ensuring that all responsible parties are held accountable.

Filing the Claim

Once the investigation is complete, we handle all aspects of filing the claim, ensuring that all documentation is prepared accurately and submitted on time. Filing a well-prepared claim is essential to seeking compensation and initiating legal action against the facility or individuals responsible for the abuse.

Settlement Negotiation

In many cases, nursing home abuse claims are resolved through settlement negotiations. Our personal injury attorneys are skilled negotiators who work diligently to secure a fair settlement that covers medical expenses, emotional suffering, and other damages. We negotiate on your behalf to achieve an outcome that fully reflects the harm suffered by your loved one.

Trial Representation

If a fair settlement cannot be reached, our trial attorneys are fully prepared to take your case to trial. With extensive experience, we will present a compelling case in court to seek justice and financial recovery for the harm caused. Our team is committed to fighting for the best possible outcome, whether through settlement or trial.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 144 Medicare-certified nursing homes in Lowell, Massachusetts. Sixty-seven of them (47%) have received an overall rating of below or much below average. When it comes to health inspections, 64 nursing homes (44%) rated poorly, and 58 long-term care facilities (40%) fell short on staffing. Forty-six facilities (32%) received low ratings in quality measures. [1]

Abuse and neglect can take many forms, and the warning signs are often subtle or mistaken for symptoms of aging. Here are common indicators of elder abuse in nursing homes, with examples to help families recognize when their loved ones may be at risk:

• Unexplained Injuries: Injuries like bruises, cuts, fractures, or bed sores that don’t have a clear cause should raise concern. These could signal physical abuse or neglect, as they are not typically the result of normal aging or minor accidents.
• Bed sores or Pressure Ulcers: Bed sores often occur when bedridden residents are not repositioned regularly. These painful sores can develop quickly and are preventable with proper care. When they appear, it is often a sign of neglect or inadequate medical attention within the facility.
• Sudden Weight Loss or Signs of Dehydration: Rapid weight loss, dry skin, and signs of malnutrition or dehydration may indicate that a resident isn’t receiving proper nutrition or hydration. These conditions can result from neglect or insufficient staffing and have serious health implications.
• Noticeable Behavioral Changes: If a resident begins showing signs of unusual anxiety, depression, or withdrawal from social interactions, it may be due to psychological abuse or neglect. Emotional abuse can cause residents to become fearful, withdrawn, or reluctant to engage with others.
• Fear of Certain Nursing Home Staff: When a resident appears frightened or anxious around particular staff members or flinches when they approach, it could indicate that they are experiencing physical, emotional, or even sexual abuse. Such behavior should not be ignored.
• Poor Hygiene or Unsanitary Living Conditions: Residents who appear unclean, wear soiled clothing, or have untreated bed sores may be victims of neglect. Nursing homes are responsible for maintaining a clean environment and providing personal hygiene care to all residents. Lack of cleanliness is often a clear indication of neglect.
• Financial Irregularities: Sudden changes in a resident’s bank account, unexplained withdrawals, or missing personal items can be signs of financial abuse. Residents in nursing homes are especially vulnerable to financial exploitation by staff or other individuals.

The worst-rated nursing homes in Lowell include:

Contact a Lowell Nursing Home Abuse Attorney Today!

Our experienced team at Nursing Home Law Center is committed to advocating for victims of nursing home neglect in Lowell. With a proven track record in securing justice and compensation for victims and their families, we understand the challenges involved in these cases and are prepared to provide skilled, compassionate support. 

From thorough investigations to aggressive representation, our attorneys are dedicated to holding negligent facilities accountable and ensuring your loved one’s safety and well-being.

If you suspect that your loved one has experienced abuse or neglect in a Lowell nursing home, don’t wait to take action. Contact our law firm today for a free consultation to discuss your case, explore your legal options, and take the first step toward securing compensation.

Call us at (800) 926-7565 or fill out our contact form to speak with a dedicated Lowell nursing home abuse lawyer.

References: [1] Medicare