Nursing Home Abuse in Massachusetts
No Negligence Found in Massachusetts Nursing Home Abuse Case
March 16, 2012
In the case of a 100-year-old woman who was found murdered in her Massachusetts nursing home, an arbitrator has found that the nursing home was not negligent.
The elderly woman was found strangled with a plastic bag over her head; her 98-year-old roommate was charged with second-degree murder.
The family of the victim filed a wrongful death lawsuit against Brandon Woods Nursing Home. The family’s attorney says they plan to appeal the decision that the nursing home was not negligent.
The top nursing home official and the victim’s family are not allowed to discuss the case.
The woman charged with the murder is now 100-years-old and is not competent to stand trial for her crime.
We recommend that anyone concerned with nursing home abuse or neglect first alert the police to the situation and make sure your loved one is not in immediate danger. Afterward, contacting a nursing home abuse lawyer to seek legal advice is a great way of helping to fight against nursing home abuse.
Massachusetts Woman Convicted of Nursing Home Abuse Won’t Serve Jail Time
December 3rd, 2010
A Massachusetts woman who assaulted an 81-year-old nursing home resident with severe dementia got a suspended jail sentence and will not serve jail time if she stays out of trouble. Witnesses say the nursing home worker hit the resident at least twice, grabbed her hair, and yanked her head back and forth, ripping hair from the elderly woman’s scalp. The resident was also verbally berated throughout the attack.
The incident of nursing home abuse occurred at Springside Nursing Home in Pittsfield, Massachusetts on August 12. Prosecutors had recommeded a two-year jail sentence but the judge instead gave the abuser a two-year suspended jail sentence and probation, meaning she will serve no jail time if she avoids trouble and follows her court-ordered conditions.
Witnesses to the abuse said the elderly resident was traumatized by the attack. The woman died a month later but not from injuries related to the attack.
If your loved one has been a victim of nursing home abuse you should report the abuse to authorities immediately, and contact a nursing home abuse lawyer to discuss your legal options.
Massachusetts Woman Charged with Felony Nursing Home Abuse
December 13th, 2010
A Massachusetts woman previously charged with a misdemeanor for nursing home abuse has now been charged with a felony count of assault and battery on a disabled person with injury. The crime is punishable by up to five years in prison.
The abuse happened at Springside Nursing Home in Pittsfield, Massachusetts. The woman accused of abuse was drawing blood from a 59-year-old female stroke survivor. Witnesses say the Berkshire Medical Center phlebotomist continued to try to draw blood from the patient after the patient demanded she stop. Police say the patient’s arm was injured as a result.
The accused abuser, who was under contract from BMC to draw blood, has been barred from working at Springside Nursing Home.
Abuse of the elderly in our country is something that occurs all too frequently. If your loved one has been abused or neglected in a nursing home–or if you suspect nursing home neglect or abuse–you should notify authorities immediately. You should also contact a nursing home abuse lawyer right away to help you best handle this difficult situation.
Massachusetts Jury Awards $400,000 in Nursing Home Abuse Case
August 20th, 2010
A jury has awarded an Easton, Massachusetts woman $400,000 for the disfigurement and death of her late stepfather.
John J. Donahue, a former resident of Embassy House nursing home in Brockton, was severly injured when a hook on a machine used to lift him from his bed gouged his left eye. The eye had to be removed and Donahue later died of sepsis due to an infection.
Marlene Owens, stepdaughter to Donahue, fought for years to hold Kindred Healthcare, which owns the nursing home, responsible for nursing home abuse. The jury found nursing home neglect on Kindred’s part was a large contributing factor in the injury to Donahue’s eye. However, they did not hold Kindred responsible for Donahue’s death.
“I feel like I got some closure and some justice for him,” said Owens.
David Hoey, attorney for the Donahue estate, has additionally fought to bring the lawsuit to trial.
“By giving that kind of verdict, the jury is saying this type of conduct is not acceptable in our community, ‘Don’t do it,’ ” said Hoey.
Christopher Lavoie, an attorney for Kindred, commented after the verdict that the incident was an unfortunate accident.
Massachusetts CNA Indicted for Sexual Nursing Home Abuse
March 11, 2011
A former worker at Hillcrest Commons Nursing & Rehabilitation Center in Pittsfield, Massachusetts has been indicted by a Berkshire grand jury for the rape of an elderly woman. The man accused of sexual assault is a former certified nursing assistant at the facility.
The accused rapist is from Vermont where he has a criminal record, but the nursing home did a criminal background check in Massachusetts only. Hillcrest now says they will do nationwide background checks.
“We will do criminal background checks in all 50 states,” said Jack Warren, regional director of operations for Berkshire Healthcare Systems. “This was a despicable act.”
Warren said the man was fired the day of the attack.
Nursing home abuse in nothing new to Hillcrest. Last year there were three separate abuse investigations, and in 2008 a 74-year-old resident was rapped by a CNA.
If you or loved one has been sexually assaulted in a nursing home the authorities should be contacted immediately. We also advise you to get in touch with an experienced nursing home abuse lawyer.
Lawsuit Filed in Massachusetts Nursing Home Abuse Case
February 25, 2012
A nursing home abuse lawsuit has been filed against Sudbury Pines Extended Care Center in Sudbury, Massachusetts for negligence in hiring a man that is accused of sexually abusing a resident.
The accused man was found not guilty in court for the sexual abuse but the lawsuit alleges the man was here illegally and should not have had access to the nursing home resident. The resident has a condition that limits her speaking abilities.
The lawsuit is also filed against the nursing home owner accusing her of negligence as well.
An attorney for the nursing home resident says they do not think the nursing home did anything with malicious intent but they do accuse the facility of negligence and possibly a “heightened level of negligence.”
The nursing home abuse lawyer went on to say that nursing home abuse and neglect is a growing problem throughout our country as our population ages. He stressed the need for more protection for residents in for-profit nursing homes.
Abuse Case With No Witnesses Files in Favor of the Victim
January 20, 2014
The largest amount ever paid out in a nursing home case in Massachusetts has been a whopping $2 million abuse settlement against Kindred Healthcare. The billion dollar company, which comprises of hospitals, nursing homes and contract rehabilitation services, has had to pay the large sum, although they are not happy about the verdict.
The story started when an 87-year old resident in the Massachusetts Kindred facility was found with genital bruising and bleeding. Kindred maintained in the suit, that the resident has sustained the injuries from a fall. However, the plaintiff’s lawyers fought against them, saying that their client had been assaulted. Because there were no witnesses to verify what had actually happened, the victim’s legal team had to rely on hospital records and testimony from doctors who treated the resident. After 3 hours of deliberation, the jury returned and decided in favor of the plaintiff.
Without witnesses, doctors’ testimonies in this verdict played a massive part of the trial. But what should you do if you witness abuse or neglect of any nature against an elderly person? Though terrible to think about, knowing what to do is important in stamping out nursing home abuse and neglect. The Nursing Home Abuse Center website, powered by McIver Brown’s sterling team of dedicated nursing home lawyers, provides comprehensive information about all of these issues. For witnesses; whether these comprise of people working in a nursing home, or family members, speaking up against what you have seen or suspect is crucial. For many elderly victims of abuse and neglect, the fear that they feel on a daily basis can cause them to not speak about what has happened. That is why the first step is to make seniors feel safe and ask them questions, to get to the bottom of understanding whether something has happened.