When a loved one suffers an injury in a nursing home or assisted living facility, the consequences can be physically, emotionally, and legally devastating. At Faneuf Law Group L.L.C., we help families throughout Massachusetts understand their rights in negligence and malpractice cases. If your loved one sustains an injury in a nursing home or assisted living facility, you should know the steps to protect yourself and the legal options available.
Report Injuries Immediately and Seek Outside Medical Care
If an injury occurs in a nursing home or assisted living facility, report it right away. Prompt reporting ensures the resident’s safety and preserves key evidence. In most cases, injured residents should seek care from providers outside the facility to ensure unbiased documentation, which is vital in a claim.
Patients should be as specific as possible with medical providers. Clearly explain how the injury happened, whether it was a fall on a wet floor, a burn from a heater, or an infection from improper wound care. Any statements made to providers become part of your medical records and can support a negligence or substandard care claim in legal proceedings.
Preserve Evidence
If safe and possible, take photographs of the scene of the injury. Include any hazards or unsafe conditions. Visual evidence of wet floors, broken bedrails, missing handrails, or other hazards can make or break a claim. Family members can support injured loved ones by helping to document and preserve evidence.
Heightened Duty of Care
Nursing homes and assisted living facilities have a heightened duty of care due to residents’ vulnerable nature and their specialized medical relationship. This duty requires them to provide medical attention, meet basic hygiene and nutrition needs, administer medication, prevent falls, and ensure a physically safe environment.
Common signs of breaches of duty include:
Falls
Fractures
Pressure ulcers (bedsores)
Medication errors
Dehydration
Malnutrition
Infections
Physical or emotional abuse
Medical Malpractice vs. General Negligence in Nursing Facilities
Understanding the difference between medical malpractice and negligence is essential when filing a legal claim.
Medical malpractice occurs when a doctor or licensed medical provider deviates from the accepted medical standard of care. This could include surgical mistakes, misdiagnoses, or medication errors by a physician.
Negligence in a nursing home can result from non-medical staff’s actions or lack thereof. Non-medical staff can include aides, maintenance personnel, or orderlies. Failing to respond to call buttons, leaving fall hazards in walkways, and not following basic hygiene protocols can constitute negligence.
Malpractice and negligence claims have different legal requirements, and identifying the appropriate claim to file is essential to a successful case.
Why Legal Help Matters
If you or a loved one experienced an injury in a nursing home or assisted living facility, take action immediately. Facilities often employ legal teams and insurers who work to limit their liability. At Faneuf Law Group L.L.C., we investigate each case thoroughly, preserve evidence, and hold negligent parties accountable. Whether your case involves malpractice, neglect, or abuse, our legal team is here to protect your rights and secure compensation.
Contact Faneuf Law Group L.L.C and our Massachusetts personal injury lawyers. You can call us at 617-939-9894 today for a free consultation.