My mother has a giant bruise on her leg that she did not have the last time I saw her at her nursing home (two day earlier). She says she's OK and that she just banged it on the bed rail. I'm not so sure. Are injuries suffered in a nursing home a type of medical malpractice or is it something else?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Editor's Response
Depends on the injury, but the label is really not that important. The key issue is whether your mother was injured as a result of the negligence or intentional acts of a person at the nursing home. Medical malpractice can certainly happen in nursing homes, such as when a nurse or doctor gives the wrong medications to a resident.
However, it is unfortunately true that cases of intentional physical and mental abuse of residents do occur in nursing homes. These types of abuse may or may not be medical malpractice, but they are still actionable personal injury claims. In some cases, the victim, or the family on behalf of the victim may have a claim against an individual, the institution or both for the personal injury sustained. In fact, there are Massachusetts attorneys that specialize in this area of law. I'm sure you are watching the situation very carefully. If you need to report abuse, you can contact the Attorney General's Elder Hotline at 1-888-243-5337. You should also know that there are attorneys who specialize in elder abuse cases. Good luck.