Nursing home abuse and neglect is a nationwide issue. Below, we’ve compiled a list of answers to your most frequently asked questions about nursing home abuse, neglect, and getting justice for a loved one in Massachusetts and New Hampshire.
Top Nursing Home Abuse & Neglect FAQs
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What is nursing home abuse?
What are the types of nursing home abuse?
What are the signs of nursing home abuse?
What is nursing home neglect?
What are the signs of nursing home neglect?
How is nursing home neglect different from abuse?
How common is nursing home abuse and neglect?
Why does abuse and neglect happen in nursing homes?
Who is most at risk for nursing home neglect and abuse?
Do nursing homes have to follow certain laws?
Who oversees nursing homes in New Hampshire?
Who oversees nursing homes in Massachusetts?
How can I protect my loved one?
What should I do if I think my family member is being abused in a nursing home?
Can I move my family member to a different nursing home?
How do I report nursing home abuse in Massachusetts?
How do I report nursing home abuse in New Hampshire?
What happens if the nursing home violated federal requirements?
How much does a nursing home abuse lawyer cost?
Who can be held liable for nursing home abuse or neglect?
Who can file a lawsuit against the nursing home?
How long do I have to file a nursing home abuse lawsuit in Massachusetts?
How long do I have to file a nursing home abuse lawsuit in New Hampshire?
Does my family member have to appear in order to file?
How do I prove my loved one was abused or neglected?
What if my loved one doesn’t remember what happened?
What if the nursing home deleted evidence of what happened?
Will my lawsuit go to trial?
How long does it take to settle a nursing home abuse claim?
What damages can I receive from a nursing home abuse lawsuit?
How do I know how much compensation my family will get?
When should I accept a settlement offer?
What is nursing home abuse?
Nursing home abuse is the abuse of an elder that occurs within the context of a long-term care facility. Perpetrators are most often employees but may also be other residents.
What are the types of nursing home abuse?
According to the National Center on Elder Abuse (NCEA), there are 5 commonly recognized types of nursing home abuse, including psychological and emotional abuse, physical abuse, neglect, sexual abuse, and financial abuse.
What are the signs of nursing home abuse?
The most common signs of nursing home abuse are unexplained injuries, sudden mood or behavior changes, fear of facility staff, and changes to their financial accounts or property deeds.
What is nursing home neglect?
The National Institutes of Health define nursing home neglect as the failure or refusal of a caregiver to fulfill their obligations to an elderly person, including the provision of food, medication, shelter, clothing, and adequate medical care.
What are the signs of nursing home neglect?
The most common symptoms of nursing home neglect include inadequate hygiene, bed sores, malnutrition and dehydration, dirty clothing, and unsanitary living conditions.
How is nursing home neglect different from abuse?
Nursing home abuse refers to the intentional infliction of harm on a patient. Alternatively, nursing home neglect encompasses both intentional and unintentional failure to provide proper care.
How common is nursing home abuse and neglect?
The World Health Organization estimates that every year, 1 in 6 people over the age of 60 have experienced some form of nursing home abuse and 2 out of 3 staff members engage in the abuse of a patient.
Why does abuse and neglect happen in nursing homes?
Abuse and neglect in nursing homes happens for many reasons, most often because of understaffing, inadequate employee training, negligent hiring practices, high patient-to-staff ratios, and staff burnout.
Who is most at risk of nursing home neglect and abuse?
According to the American College of Obstetrics and Gynecology (ACOG), 64% of elder and nursing home abuse victims are women. Other risk factors include race, cognitive impairment, and lack of external support.
Do nursing homes have to follow certain laws?
All nursing homes must comply with guidelines set forth by the U.S. Department of Health and Human Services (HHS). Facilities that receive Medicare and Medicaid funds must also comply with guidelines set forth by the Centers for Medicare and Medicaid Services (CMS).
Who oversees nursing homes in New Hampshire?
In New Hampshire, nursing homes are governed by the Health Facilities Administration (HFA). State facilities are required to abide by both HFA and federal guidelines.
Who oversees nursing homes in Massachusetts?
In Massachusetts, long-term care facilities are managed by the Massachusetts Department of Public Health and must follow both federal and state-established laws.
How can I protect my loved one?
You can help protect your loved one from nursing home abuse by visiting often and being involved in their care since staff are less likely to mistreat patients with external support. You should also watch for signs of elder abuse and know what to do if you see them.
What should I do if I think my family member is being abused in a nursing home?
There are multiple ways to handle suspected elder abuse. If your loved one is in immediate danger, call 911 or the police. You may want to talk to the director or move your family member to another facility. Once they’re safe, contact a nursing home abuse lawyer.
Can I move my family member to a different nursing home?
Whether you can easily move your loved one to a different nursing home often depends on their health insurance, especially if they are covered by Medicare and/or Medicaid. A lawyer can help you negotiate to get your family member moved if abuse is suspected.
How do I report nursing home abuse in Massachusetts?
Anyone who suspects that an elderly person is being abused, exploited, or neglected in Massachusetts can file a report 24/7 with Elder Protective Services online or by phone by calling (800) 922-2275.
How do I report nursing home abuse in New Hampshire?
New Hampshire’s Adult Protection Law mandates that any person who reasonably suspects that an elderly or otherwise vulnerable adult is being abused or neglected must file a report with the Bureau of Elderly & Adult Services (BEAS) at 603-271-4375 or 1-800-442-5640.
What happens if the nursing home violated federal requirements?
Nursing homes that are not in compliance with federal or state regulations can face serious consequences. Facilities that accept Medicare and Medicaid payments could face fines, mandatory staff training, on-site supervision, loss of funding, and removal from the program.
How much does a nursing home abuse lawyer cost?
Most nursing home abuse and personal injury attorneys work on a contingency basis, meaning they get paid after you win your case and receive your money. Attorneys generally charge a percentage of your settlement depending on the total amount awarded.
Who can be held liable for nursing home abuse or neglect?
In most cases, the facility at which a patient was abused or neglected is considered at fault for harm caused to a patient. However, staff members may also be held liable in certain cases.
Who can file a lawsuit against the nursing home?
Residents of long-term care facilities and their immediate family members can sue a nursing home for negligence or abuse. In some cases, other relatives may also bring forward a claim, although this is less common.
How long do I have to file a nursing home abuse lawsuit in Massachusetts?
The statute of limitations for filing a nursing home abuse or neglect lawsuit in Massachusetts is 3 years after the date of injury or wrongful death.
How long do I have to file a nursing home abuse lawsuit in New Hampshire?
The statute of limitations to file a nursing home neglect or abuse case in New Hampshire is 3 years following the date of a patient’s injury or death.
Does my family member have to appear in order to file?
Your loved one does not need to appear in court for you to file a nursing home abuse or neglect lawsuit on their behalf. Depending on your family member’s condition, they may give a deposition or your attorney may use medical records and other evidence to prove their case.
How do I prove my loved one was abused or neglected?
Evidence of nursing home abuse or neglect can include photographs of injuries or improper living conditions, witness statements, and medical records related to their treatment. An experienced attorney can help you gather compelling evidence to show the court how your family member was mistreated.
What if my loved one doesn’t remember what happened?
If your family member doesn’t remember what happened to them in the nursing home, you still may be able to bring forward a lawsuit with medical records, witness statements, and other evidence that can prove abuse or neglect without your loved one’s personal account.
What if the nursing home deleted evidence of what happened?
When you get a lawyer involved right away, a motion is filed requiring the facility to preserve evidence. If they delete evidence after the order is issued, they could face court-imposed penalties. Unfortunately, it’s not illegal to delete or record over evidence before this motion is filed.
Will my lawsuit go to trial?
Not all nursing home abuse lawsuits go to trial. Many nursing homes settle claims out of court, which means they agree to pay the victim’s family a certain amount of money as restitution and the family agrees that it is enough compensation.
How long does it take to settle a nursing home abuse claim?
Nursing home abuse and neglect claims can take a few months to several years before reaching a settlement or obtaining a verdict from a judge, depending on the case. On average, most claims are resolved within 18 to 24 months.
What damages can I receive from a nursing home abuse lawsuit?
Damages in nursing home abuse and neglect cases can include medical expenses, lost wages, funeral expenses, future cost of healthcare, psychological or emotional distress, punitive damages, and other costs directly related to the facility’s actions.
How do I know how much compensation my family will get?
How much compensation your family can get in a nursing home abuse or neglect claim depends on the facts of your case and the expenses you incurred or can expect to incur as a result of the facility’s actions. A qualified personal injury attorney can help estimate this figure.
When should I accept a settlement offer?
You should wait to accept a settlement until all of your loved one’s medical bills and other expenses have been assessed so your claim isn’t undervalued. Your lawyer can let you know when it’s in your best interests to accept an offer.
Mazow | McCullough, PC Are Your Compassionate, Caring Nursing Home Abuse Lawyers
At Mazow | McCullough, PC, we understand how devastating it can be to learn your loved one may have been the victim of nursing home abuse or neglect. Contact our office today to see how we can help your family get the justice and compensation you deserve by calling (978) 744-8000 or toll-free at (855) 693-9084.
Robert E. Mazow, Partner
Rob Mazow is a founding partner of Mazow | McCullough, PC, where he represents injured victims and their families. As a former Assistant District Attorney in Essex County, Rob has tried over 100 jury cases. Unhappy with representing “big business,” he left a large Boston firm in 2003 and dedicated his new practice to holding wrongdoers accountable. Rob has recovered millions for families and has led impactful class actions protecting Massachusetts consumers. He tells his clients, “I can’t guarantee you a result. But what I can promise is that nobody will fight harder to get you the best result possible.”
