Suspecting that your elderly loved one is a victim of nursing home abuse can be a devastating feeling. If you think that you may have a nursing home abuse case–a civil action that’s filed against a negligent nursing home in order to recover compensatory damages–there are certain steps that you should take early on to preserve the strength of your case and right to compensation.
One of the first things that you should do if you haven’t done so already is to start documenting everything that’s related to the nursing home abuse. This might include:
- A description of the facility and any unsafe or hazardous conditions;
- The names of any nursing home staff members who work with your loved one, including the name of the nursing home manager;
- Dates and details of specific incidents of abuse or suspected abuse (i.e. when you first noticed the burn marks on your loved one’s body, or when you were first called and told that your loved one fell and fractured their hip);
- The names of any eyewitnesses who can add value to your case; and
- Medical records of your elderly loved one, particularly those that followed any instances of abuse.
File a Complaint
The next thing that you should do is to make your concerns and suspicions known in writing. The first party you should file a complaint with is the nursing home itself. If that does not yield results, then file an official complaint with the state Division of Health Care Facility Licensure and Certification Complaint Unit. If you suspect that your loved one is at imminent risk of bodily injury or death, then you should call the police and ask for a copy of any report that is generated.
Start the Process Before the Statute of Limitations Expires
In order for your case to be heard by a court in Massachusetts, it must be filed within the state’s statute of limitations. The statute of limitations in Massachusetts is three years from the date when the act of abuse occurred. If more than three years elapse from the date of abuse, then you will be barred from recovery. As such, it is important that you ensure your claim is filed as soon as possible.
Schedule a Free Consultation with a Massachusetts Nursing Home Abuse Lawyer
If you think that you have a nursing home abuse case, one of the best things that you can do early on in the process is to schedule a free consultation with a nursing home abuse lawyer. A lawyer can help you to understand what constitutes abuse and what actions may warrant a civil claim, as well as what types of damages are recoverable and what you’ll need to prove. An attorney can also help you to prepare for your case and take other important steps along the way.
We’re Here to Serve You
At the office of Tetzel Law, LLC, our Massachusetts nursing home abuse lawyers are here to serve you. If you think that you have a nursing home abuse case, please call us directly to learn how we can help. Reach us at 617-933-3858 or send us a message today.