Placing a loved one in a nursing home can be a difficult decision and one that is not made lightly. Families often research different facilities, ask the right questions, and evaluate the options before deciding on one that is best suited to their needs. Once there, they trust that their loved one will be well taken care of, but sadly, this is not always the case. When a loved one is seriously injured while in a nursing home, families want answers and accountability and one of the first questions they ask is: Do we have a legal case?
Key Takeaways:
In Massachusetts, nursing home negligence cases are considered medical malpractice claims that require proof of a deviation from the standard of care causing preventable harm, most often involving serious falls, medication errors, or advanced pressure ulcers.
- Strong cases show meaningful decline in a resident’s condition, such as loss of mobility, cognitive decline, serious complications, or death
- Medical records are critical to establish whether the negligent care was due to understaffing, improper care, or inadequate training and supervision
- Not every injury leads to a viable claim, and cases may be weakened by pre-existing medical conditions, lack of evidence, or minimal lasting harm
- Early consultation with an experienced nursing home attorney can help preserve evidence and assess viability
- Most Massachusetts claims must be filed within three years
The Core Legal Question in a Nursing Home Case
Nursing home negligence cases are legally complex. Since nursing homes are considered healthcare providers, claims must follow medical malpractice rules and analysis is further complicated by the fact that many residents already have serious medical conditions, limited mobility, or cognitive impairments. At the heart of every nursing home negligence case, however, is the same legal question:
Did the facility deviate from the accepted standard of care, and did that deviation cause significant, preventable harm?
Demonstrating Significant Harm
A unique aspect of nursing home cases is how damages are assessed. Because residents may already have limited independence, the key question is whether there was a meaningful change after the incident. This change doesn’t need to be dramatic, but it must be real and documented, such as:
- transitioning from using a walker to being wheelchair-bound
- losing the ability to participate in previously enjoyed activities
- suffering cognitive decline that prevents beloved hobbies, like reading
- permanent loss of mobility or independence
- death following preventable complications
What Types of Cases Can Be Successful?
Some types of nursing home cases are more likely to succeed than others. Cases that have a greater probability of success usually involve egregious conduct on the part of the health care providers and/or a catastrophic injury (including death). Such cases fall into three main categories.
1. Falls
Falls are the most common type of injury in nursing homes and can cause fractures, with hip fractures being especially serious, frequently leading to poor outcomes. Types of falls include those that are unsupervised, such as falls from beds and falls in bathrooms, and falls during transfers with equipment like Hoyer lifts. An important factor in strong fall cases is delayed discovery, where a resident falls and is not found for an unreasonably long period of time, thereby delaying critical medical care.
2. Medication Errors
The complexity of medication management in nursing homes, where residents often take multiple different medications on varying schedules, creates opportunities for serious mistakes. These include administering medications incorrectly or failing to monitor drug interactions, leading to serious complications or fatal overdoses.
3. Pressure Ulcers (Bedsores)
Bedsores are generally considered a “never event” in nursing homes, meaning they should never occur with proper care. The reality is that bedsores do occur, but not every bedsore supports a lawsuit. The strongest cases involve advanced ulcers that become infected, lead to sepsis, or cause death, often because basic care protocols, like repositioning and hygiene, were ignored.
What Evidence Do We Need?
Strong cases rely on clear evidence of egregious negligence and the resident’s medical records are the key. Relevant records include admission assessments and care plans, medication administration records, wound care documentation, and incident reports and mandatory filings with the Department of Public Health
These records often require a forensic review to determine whether the documented care matches the severity and progression of the injury. Documents supporting a viable legal claim would reveal:
- deliberate falsification or minimization of serious conditions
- long delays in responding to falls or call buttons
- chronic understaffing or poor supervision
- inadequate training, especially for new staff
- multiple system failures, such as medication errors that should have been caught by the pharmacy, software alerts, and nursing staff
In many cases, it’s not just one mistake, but a series of failures that led to the injury/death.
What Can Weaken a Nursing Home Case in Massachusetts?
Not every serious injury leads to a viable claim. Common challenges to proving a claim include:
- causation issues, where underlying conditions like severe osteoporosis or advanced illness make it difficult to prove negligence caused the injury
- limited ability of the resident to testify, especially when dementia or cognitive impairment prevents them from explaining what happened
- difficulty in obtaining medical records, particularly after a resident’s death, which requires appointing a personal representative before records can be released (neither the next of kin, including a spouse, nor a health care proxy can request these records)
- lack of clear evidence, such as unwitnessed events, incomplete records, or injuries that could plausibly occur without negligence
- minimal lasting harm, where the resident recovers without meaningful long-term impact
Timelines and Deadlines
The statute of limitations for nursing home negligence cases in Massachusetts is three years from the date of the incident. It is important to consult with an attorney well before this timeframe expires.
Since these cases are treated as medical malpractice, additional procedures apply, including pre-suit notice and the required expert review of documentation. In some instances, violations of nursing home regulations may also involve Massachusetts General Laws Chapter 93A, the consumer protection statute, particularly where profit-driven decisions like cutting staffing or training contributed to the harm.
Contact an Experienced Massachusetts Nursing Home Attorney
Determining whether you have a viable nursing home negligence case requires careful legal and medical analysis. These cases are costly to pursue and require expert involvement, making early evaluation essential.
If you believe your loved one has suffered a serious injury due to nursing home negligence, consulting with an experienced attorney early in the process can help you understand your options and preserve critical evidence before important deadlines pass.
Nursing Home Negligence FAQs
How do I know if I have a nursing home negligence case?
You may have a case if the nursing home failed to provide reasonable care and that failure caused preventable, serious harm such as a major fall, medication error, advanced pressure ulcer, or death. Not every injury qualifies, but meaningful decline or complications are key indicators.
What types of nursing home cases are most successful?
The strongest cases typically involve serious falls, medication errors, or severe pressure ulcers that lead to significant decline or death.
Is a fall alone enough to file a lawsuit?
Not always. A fall may support a claim if it was preventable and caused serious harm, especially if staff failed to supervise the resident, respond promptly, or follow an established fall-prevention plan.
What evidence is needed to prove negligence?
Medical records are critical. Strong cases often show understaffing, delayed responses, poor training, falsified documentation, or multiple system failures.
What if my loved one had pre-existing medical conditions?
Pre-existing conditions do not bar a claim if the nursing home’s negligence caused a meaningful decline or worsened the outcome.
Can a claim be brought if the resident has died?
Yes. Nursing home negligence claims can be pursued after a resident’s death, but additional legal steps, such as appointing a personal representative, are required before records can be obtained and a claim can proceed.
How long do I have to file a claim in Massachusetts?
Most nursing home negligence claims must be filed within three years of the incident.
What should I do if I suspect negligence?
Consult an experienced nursing home attorney as soon as possible to preserve evidence and understand your options.
