Articles Tagged with fall

hospital bedNursing home negligence cases are particularly distressing because they represent a failure by someone (or several someones) to provide the standard of care that they should, and that failure resulted in someone’s beloved friend or family member getting hurt… or worse. Nursing homes and nursing home employees have both an ethical and a legal obligation to provide quality care to their residents. When a resident is hurt due to negligence, there may be a claim for compensation. To learn more about your rights and your options, contact and experienced Massachusetts nursing home negligence attorney about your case.

A report from the Salem News regarding the state of a nursing home in Essex County provided an example of the harm that can happen. An inspection report created by state inspectors laid out a long list of alleged errors by the Essex County facility’s staff. Some of the alleged varieties of misconduct were less severe in terms of risk of physical harm. Residents of the nursing home alleged that the staff mocked or insulted them in foreign languages and also gave the residents nothing to do, even during scheduled activity times, according to the report.

Other wrongdoing, however, was more concerning. The report asserted that, in one instance, a patient with a broken leg was left in bed for more than 24 hours before being transported to a hospital. The staff allowed the resident, who had “end-stage dementia,” to remain in bed despite the resident’s periodic cries of pain. In another instance, an employee allegedly pushed a resident while trying to get the resident into bed, the News indicated.

A “cold joint” or “construction joint” is formed during the process of laying concrete when the second batch of concrete is placed after the first set of concrete has begun to settle. As a result of the delay, the two batches are unable to form a completely uniform mix, resulting in a possible “plane of weakness.” This definition is according to The Concrete Society a website dedicated to providing independent concrete advisory services that include impartial technical advice on concrete.

cold joint

A common cold joint

While cold joints happen during the concrete process, sometimes due to the limits of how much concrete can be poured in a day or in some cases additional support such as rebar is needed before continuing; regardless of these circumstances proper planning and execution is required to ensure the cold joint will not jeopardize structural integrity, or cause harm to a civilian. Claire LaPosta was one such civilian who had the misfortune of tripping over a negligently placed cold joint resulting in her injury.

Legal News GavelWhen you entrust a loved one to a nursing home, you are entrusting them with one of the most important parts of your life. Sometimes, accidents are inevitable, even when proper care is provided. Other times, though, injuries happen (or are made worse) because nursing home staff don’t provide proper care, including sometimes not even following the facility’s own protocols. When that happens, you may be entitled to sue and obtain an award of compensation. Proof of things like a past history of similar problems or citations and fines following federal agencies’ investigations may help to strengthen your case further. Talk to an experienced Massachusetts nursing home negligence attorney about your situation and your options.

One recent case involved an accident with a tragic end. Walter was a highly accomplished accountant with many achievements, including helping to found a nursing home in Worcester. In 2016, after a diagnosis of Parkinson’s Disease, Walter moved into the nursing home that he helped to get started, according to a McKnights.com report.

In early August 2016, Walter got up in the night to go to the bathroom, but he fell and hit his head on a nightstand. A certified nursing assistant and a licensed practical nurse found Walter on the floor of his room. The pair helped Walter up, helped him to the bathroom, and then helped him back into bed.

Legal News GavelWhen a family makes the often difficult decision to place a family member in a nursing home, they are entrusting that facility with one of their most precious commodities:  a loved one. Nursing homes are supposed to be places where those requiring care and attention get what they need. Sometimes, though, that doesn’t happen, and the resident’s safety becomes compromised. When that happens, injuries or even death may be the result. In the case of an injury or death, knowledgeable Massachusetts nursing home negligence attorneys are available to help that family navigate the legal system.

A Massachusetts newspaper recently reported on the deaths of two residents of a Westboro nursing home and the legal actions that followed. The first of the two seniors to die at the Westboro facility was 89-year-old Betsy. Betsy had dementia and a history of falling. Betsy’s personal recliner had a chair alarm that would notify staff when she exited the recliner. One day in late July 2015, a certified nursing assistant at the nursing home helped Betsy get into the recliner but forgot to turn on the chair alarm, according to information the CNA provided to authorities. Betsy was discovered an hour later, face down on the floor, according to the Worcester Telegram.

According to the Telegram report, the staff at the nursing home knew Betsy had a head injury but, allegedly, did not notify a doctor or a nurse practitioner about her, even though the woman complained of head pain and had problems keeping food, liquid, or medications down. Two days after the accident, Betsy arrived at the emergency department of a nearby hospital. A radiology scan identified that she had a brain bleed. She died a week later.