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Nursing home abuse is Medical Malpractice?

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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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.

 



Hello, my mom recently pass and she was in a nursing home facility; can't say if any of the neglect/abuse contributed to her death. The certificate states she died of natural causes and I couldn't afford to get it checked otherwise; she did have serious health issues, but I wanted to see if I could file a suit against the facility for all the abuse/neglect that she did suffer while in the facility? My mom was there close to x3 years, and had a bedsore almost every 2-3 month/she was neglected in the aides turning her in a reasonable time. She was left lying on the same side many times up to x7 hrs, until I would return to visit her again, I would visit x2 a day, because of the abuse/neglect, but that didn't stop it. She had bruises, sores, wounds, her medication was denied a few times, or forgotten to be given. I made many complaints against the facility, but they would turn around and do it again. I want to sue for what they put my mom through, as well as myself, having to fight them on a regular basis and for having to see what they put her through. Do anyone know if I could do such a thing, after her passing. I just don't want them to think that they can get away with that and con't to do it to someone else parents.


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