Articles Posted in Nursing Home Abuse and Negligence

Massachusetts nursing homes house many patients with special dietary and eating needs. While some patients cannot be fed certain foods as a result of food allergies, diabetes, high cholesterol and other health issues, still others have certain disabilities, problems swallowing, no teeth, problems or suffer from dementia and need helping eating, cutting up, liquefying, blending, or straining their food.

Unfortunately, choking accidents do occur because of Boston nursing home neglect. Nursing home workers can fail to make sure dietary restrictions are followed or fail to properly prepare or process the foods so that a resident can eat safely.

Choking incidents can prove catastrophic for nursing home residents. Extremely painful, uncomfortable, and traumatic, choking can deprive the victim of oxygen, which can result in a serious traumatic brain injury and even death. In Massachusetts, our Boston nursing home abuse and neglect law firm is here to help our clients prove that inadequate supervision, poor nursing care, or other acts of negligence contributed to the causing your loved one’s choking accident.

People stay at nursing homes because they need specialized care. Assisted living facilities know this and they also know that choking accidents do happen. There is no reason why proper procedures shouldn’t be in place so that preventable choking accidents are avoided. Also, there are some residents who are obviously more at risk of choking on their food than others and it is unacceptable when a nursing home fails to properly supervise these residents during meals.

Related Web Resources:
Massachusetts Department of Public Health

Boston Nursing Home Rankings

More Boston Injury Lawyer Blog Posts:
Danvers, Massachusetts Nursing Home Abuse: Lynn Woman Convicted of Assault and Battery on an Elderly Person, Boston Injury Lawyer Blog, February 4, 2011
Winter Weather Combined with Boston Nursing Home Neglect Can Cause Some Patients to Get Very Sick, Boston Injury Lawyer Blog, January 22, 2011
Victim of Alleged Sudbury Nursing Home Abuse Sexual Assault Crime Can’t Testify, Says Judge, Boston Injury Lawyer Blog, November 10, 2011 Continue reading

A jury has found an ex-certified nursing assistant guilty of assault and battery on a person 60 or older. Nancy Aiguobargueghian was accused of Massachusetts nursing home abuse in 2006. The Massachusetts Department of Public Health investigated the alleged assault on a patient at the Hunt Nursing and Retirement Home in Danvers.

Aiguobargueghian is accused of physically assaulting the elderly resident, who was in a wheelchair. Other employees witnessed the incident.

Last year, she pleaded not guilty to the criminal charge in criminal court. This month, however, a Salem jury found her not guilty.

Massachusetts Nursing Home Abuse
Massachusetts nursing home abuse causes injuries and deaths. The victim and his/her family may be able to obtain liability from the assisted living facility where the abuse happened by claiming negligent hiring, improper supervision, or some other act of negligence. Nursing homes owe patients a certain standard of care and when failure to provide that care results in nursing home abuse or neglect occurring, an experienced Boston nursing home negligence law firm can work with you to file your injury claim or lawsuit.

Physical violence is one of the more obvious forms of Boston nursing home abuse. Examples of kinds of abuse include verbal abuse, emotional abuse, psychological abuse, improper or unnecessary restraint, unnecessary sedation, force-feeding, denying food or drink, sexual assault, inappropriate touching, bullying, or harassment.

Your Boston nursing home abuse law firm will know what evidence and documentation to collect to prove liability. There may be medical records that need to be collected and other patients and workers to interview about what happened. Immediate steps may have to be taken to immediately remove a loved one from an abusive situation.

Former Hunt nursing assistant convicted of assault and battery, Wicked Local, February 2, 2011
Woman guilty of assaulting patient, The Salem News, February 3, 2011

Related Web Resources:
Massachusetts Advocates for Nursing Home Reform

Massachusetts Department of Public Health
Continue reading

Massachusetts assisted living facilities are supposed to make sure that their residents are given the best and proper care possible all year round. Unfortunately, that is not always the case, and as our Boston nursing home neglect lawyers have reported in the past, it is the patients who end up suffering.

The sick and the elderly are especially susceptible to illness and infection during the winter months when cold weather can make it easier for them to catch a cold or cough that can turn serious, lowering the immune system and placing them at risk of serious health complications. Patients must be properly bundled so that they stay warm and it is important that they keep their strength up with enough rest, food, fluids, and vitamins. A nursing home should be properly heated and doors must be secured so that residents at risk of wandering don’t end up lost out in the cold where they can freeze to death. Patients who are already sick should be closely monitored, immediately treated, and kept away from other residents.

Not only is Massachusetts nursing home neglect and abuse against the law-violators can be sent to jail-but patients who are victims of such mistreatment and the recipients of poor nursing care can seek damages for Boston personal injury or wrongful death. It is a good idea to report the suspected abuse to the authorities immediately and retain the services of an experienced Boston nursing home abuse law firm that can immediately begin gathering evidence and building your case.

While some Massachusetts nursing home negligence cases can be resolved out of court, many cases are decided by a jury. There are important legal arguments that can be made to prove why your loved one and your family are entitled to damages.

Related Web Resources:
Health experts offer tips on staying healthy during cold and flu season, ConsumerAffairs, November 1, 2010
Massachusetts Department of Public Health

Nursing Homes Health and Human Services

Nursing Home Abuse and Negligence, Boston Injury Lawyer Blog Continue reading

The holidays can be a lonely time for many people who are away from family and staying at Massachusetts assisted living facility. Visiting your elderly or sick relative or friend at an assisted living facility is a great way to brighten up the season for them. It also is an opportunity to make sure that they aren’t suffering from Boston nursing home abuse or neglect.

With so many people living longer lives, more elderly persons are ending up at assisted living facilities where they are supposed to get the and community that they need. Unfortunately, Massachusetts nursing home neglect and abuse do happen and it is the residents who suffer.

Signs that your loved one is suffering from nursing home neglect or abuse:
• Unexplained bruises, broken bones, or other injuries • Sudden weight loss or weight gain • Pressure sores • The resident has become withdrawn, agitated, afraid, or depressed • Dehydration or malnutrition • Medication mistakes • Bad hygiene or grooming • Soiled sheets that aren’t regularly changed
• The inability of nursing home staff to explain a patient’s injuries
• Sudden deterioration of health
How to plan for and make the most of your holiday visit at a Boston nursing home:
• Make sure you come during visiting hours and allow for plenty of time together.
• If permitted, bringing the patient’s grandchildren or grand nieces or nephews with you can brighten up the day.
• Bring presents, hugs, and plenty of good cheer.
• Consider games or activities that your loved one can participate in and enjoy.

That said, it doesn’t have to be a special occasion or season for it to be a good time to visit your loved one at a long-term care facility. Visiting a nursing home resident often can allow for quality time spent together while giving you the opportunity to check in and make sure that your loved one isn’t suffering because of Boston nursing home negligence.

Residential Long Term Care – Your Options: Nursing Home Residents Should Enjoy the Holidays Too!, HelpStartHere.org
Holiday visits contribute to older adults…, UW Extension, December 3, 2010

Related Web Resources:
Nursing Homes, Mass.gov
Nursing Home Compare, Medicare.gov Continue reading

A Framingham District Court judge won’t let Ruby McDonough testify about allegations she made claiming that she was the victim of Subdury nursing home sexual assault. The 63-year-old woman claims that her former nursing aide, Kofi Agana, assaulted her last year at the Sudbury Pines Extended Care assisted living facility. Another judge then ruled that McDonough, who suffers from expressive aphasia, was incompetent to testify at the trial.

Although the Massachusetts Supreme Judicial Court said the decision violated her rights, Judge Robert Greco says there is no reason for McDonough to take the stand because Agana, who is charged with one count of assault and battery on a disabled person older than 60 and two counts of indecent assault and battery on a disabled person older than 60, is being held in Miami and waiting for deportation.

McDonough’s condition prevents her from giving long answers to questions. However, she can respond to yes or no questions and use gestures to express herself.

According to her Boston lawyer, McDonough has the right to have the incompetency ruling against her overturned because the court did not accommodate her disability. It was just earlier this year that the Supreme Judicial Court ruled that witnesses who are disabled must get the proper accommodations that will allow them to testify in court.

Massachusetts Nursing Home Sexual Assault
Nursing homes are supposed to protect patients from Boston nursing home abuse, neglect, and assault. Unfortunately, there are nursing home workers who continue to abuse their authority over their patients by neglecting them or causing them physical or sexual harm. If your loved one was harmed by a nursing home worker, another patient, or a visitor to the assisted living facility, you should report the incident right away, remove your loved one from the dangerous situation, and explore your legal options.

A few other examples of Boston, Massachusetts nursing home abuse:
• Inappropriate use of restraints • Overmedication • Verbal abuse • Emotional violence
Judge: Sudbury Nursing Home Resident Can’t Testify About Alleged Assault, Sudbury Patch, October 28, 2010
Alleged victim in nursing home assault not allowed to testify, The MetroWest Daily, October 28, 2010

Related Web Resources:
Nursing Homes, Mass.gov
Nursing Home Compare, Medicare.gov
Aphasia, National Institute of Neurological Disorders and Stroke Continue reading

A recent study published in the Journal of the American Medical Association warns that sick elderly patients that are hospitalized with sepsis have a higher chance of developing serious cognitive issues and suffer from abnormal physical decline during later years. The researchers that conducted the study also determined that sepsis may be the cause of some 20,000 new dementia cases among seniors belonging to the 65 years and older age group.

Sepsis
Sepsis can occur in response to an infection in the body. It can be especially dangerous for an elderly person or someone with a very weak immune system. Other people at risk of developing sepsis are hospital patients, people with medical conditions, and those with serious injuries. Boston nursing home neglect, abuse, and negligent nursing care can place someone at higher risk of developing sepsis.

It is inexcusable for someone to develop sepsis and/or die because nursing home workers did not change his/her wound dressings, prevent bedsores from developing, or ensure that the assisted living facility is a clean and healthy environment. If you believe that Boston negligent nursing care contributed to your loved one getting hurt, sick, or dying, our Massachusetts injury lawyers would like you to contact us immediately to request you free case evaluation.

Symptoms of Sepsis:
• Serious shaking
• Chills • Fever • Agitation • Dizziness • Disorientation • Confusion • Skin rash • Joint pains
According to Llewellyn DJ and his colleagues from the University of Exeter in the United Kingdom, low vitamin D levels can play a role in the worsening decline experienced by elderly patients that have suffered from sepsis. Other studies indicate that low vitamin D in a person has been linked to dementia. There are steps that can be taken to make sure that elderly nursing home patients maintain high vitamin D levels.

Could vitamin D deficiency explain sepsis risk in elderly people?, FoodConsumer, October 27, 2010
Study: Sepsis has long-term impact on older adults, MSNBC, October 26, 2010

Related Web Resources:
Sepsis Overview, Cleveland Clinic
Journal of the American Medical Association
Continue reading

According to The Herald News, although latest statistics show that there has been an increase in Massachusetts elder abuse and neglect cases in recent years, there aren’t enough resources to properly deal with these incidents.

During the year ending June 30, 2009, caseworkers investigated about 16,000 reports of Massachusetts elder neglect and abuse in private living environments. An Executive Office of Elder Affairs official cites poor economy and a growing senior age group as among the reasons for the increase in abuse and neglect incidents.

Massachusetts Elder Abuse and Neglect
State law defines elder abuse as emotional, physical, or sexual abuse, self-neglect, caretaker neglect, and the financial exploitation of a person belonging to the 60 and over age group. Elder abuse and neglect can take place in Massachusetts nursing homes and in private residences. Perpetrators of elder abuse or neglect have included nursing home workers, professional caretakers working in the patient’s home, family members, and others.

Our Boston, Massachusetts nursing home abuse and neglect law firm wants to remind you that not only is elder abuse and neglect a crime that can cause serious injuries or death to the victim, but as a victim of abuse or neglect your loved one may have grounds for a Massachusetts elder abuse or neglect lawsuit.

Some Signs that Someone You Love May Be a Victim of Boston Elder Abuse or Neglect:
• Unexplained bruises, broken bones, cuts, welts, or sprains • Depression • Restraint marks on wrists
• Signs of possible overmedication • Sudden mood swings • Unexplained paranoia • Fear of caretaker or nursing home worker • Complains of abuse or neglect • Unexplained STDs • Poor hygiene • Malnutrition • Bedsores • Caretaker is unable to explain patient’s injuries

Elder abuse and neglect complaints are on the rise in Massachusetts, Herald News, September 6, 2010

Related Web Resources:
Nursing Homes, Massachusetts Health and Human Services

National Center on Elder Abuse

Financial Abuse, National Committee for the Prevention of Elder Abuse
Executive Office of Elder Affairs
Continue reading

A Plymouth Superior Court jury has awarded a $400,000 Brockton nursing home abuse verdict to 76-year-old Marlene Owens, who is the only living relative of John J. Donahue. The 93-year-old nursing home resident died in 2005 after he lost his eye during an accident at Embassy Rehabilitation and Health Center and developed sepsis.

Donahue’s eye was removed more than 18 hours after a metal safety hook on the Hoyer lift that a female nursing home worker was using to transfer him out of his bed gouged it. According to the state, two people are supposed to operate the device when moving a patient. Donahue died 47 days later.

While the jury did not find Kindred Healthcare, the then-owner of the Brockton assisted living facility, liable for Donahue’s Plymouth County wrongful death, they did find the defendant liable for his eye injury. The $400,000 award is for his pain, suffering, and disfigurement.

Elder abuse is not just a problem in US nursing homes, it is a crime that is happening in private homes and in other assisted living facilities around the globe. Today, June 15, 2010, is the Annual World Elder Abuse Awareness Day. Throughout the world, people are using the day to increase awareness about elder abuse and neglect.

Unfortunately, elder abuse incidents are often not reported. In the US alone, over 2 million people are suffering from psychological abuse, physical abuse, neglect, and financial abuse. Yet, according to experts, only one out of every six elder abuse cases are reported.

Our Boston nursing home abuse and neglect lawyers know how important it is to remain aware that elder abuse is an important issue of concern not just today but everyday.

Some signs that your loved one may be a victim of elder abuse or neglect:

• Unexplained bruises on the body • Unexplained scratch marks, cigarette marks, and pinch marks • Black eyes, broken bones, fractures • Injuries to the genital area • Unexplained STDs • Poor hygiene • Feces or urine on the elderly person’s body
• Bedsores • Confusion, disorientation, or withdrawal • Depression, angry outbursts, sudden apathy, agitation
• The caregiver or private nurse begins restricting access to the elderly patient • You aren’t allowed to spend time alone with your loved one • More money is suddenly being withdrawn from your loved one’s bank account • Sudden changes to your loved one’s will or trust
Massachusetts elder abuse and neglect can lead to serious injuries, health complications, and even death.

Department of Justice Observes June 15 as World Elder Abuse Awareness Day, PR Newswire/US Department of Justice, June 15, 2010

Related Web Resources:
Massachusetts (MA) Nursing Homes / Skilled Care Facilities by County, Carepathways
Nursing Homes, Health and Human Services, Mass.gov Continue reading