Articles Posted in Nursing Home Abuse

Published on:

juryIn July of 2008, Genevieve Calandro was a patient at a nursing home in Danvers, Massachusetts.  After an injury in which Ms. Calandro fell from her chair she was brought to the hospital where she was found to have pressure ulcers on her back side, appendicitis, a urinary tract infection, kidney failure, and a slew of other ailments that one might think would be remedied in a nursing home or long term care setting.  Instead, due to the inaction on part of the nursing care facility, these ailments were exacerbated due to the neglect of those that were charged with taking care of the elderly patient.  While doctors and nurses at the hospital made their best attempt at helping Ms. Calandro, she ultimately succumbed to death due to the host of problems that her estate claims were a direct result of the negligence on part of the health care facility.

The estate of Ms. Calandro brought a wrongful death suit against Radius Health Care Center, claiming that the facility was grossly negligent in the care and treatment of the decedent.  The family of Ms. Calandro claimed that they were repeatedly assured that Ms. Calandro was doing well and progressing as she should in light of complaints Ms. Calandro made to her family.  In response to various questions and criticisms by the family, the facility claimed that Ms. Calandro was just experiencing a flu that was going around the facility.  Little did the family know that any potential flu was the least of her problems.

Among the causes of action put forward by the estate, the Plaintiff claimed that the Defendant facility was grossly negligent.  Gross negligence is substantially and appreciably higher in magnitude than ordinary negligence.  In order to support a finding of gross negligence, the conduct of a defendant must be characterized by a high degree of culpability and indifference to duty.  Gross negligence is commonly defined as very great, or excessive, negligence.  It is something more than momentary thoughtlessness (such as a car accident) or a slight error of judgment.  It implies an extreme departure from the ordinary standard of care individuals or organizations may owe to another. Continue reading →

Published on:

to-sign-a-contract-3-1221952-mAs previously discussed, the Wrongful Death statute in Massachusetts allows for the Personal Representative of an Estate to commence an action for damages against a Defendant for his or her negligence which causes death. In the past few years, issues have arisen as to whether such a law suit can commence when the person who has died (the decedent), or their representative, has previously signed an agreement with the Defendant that limits court actions in favor of binding arbitration. The Supreme Judicial Court of Massachusetts has recently had an opportunity to decide this very issue in Johnson v. Kindred Healthcare, Inc., as well as a slew of companion cases.

In the Johnson matter, Dalton Johnson was admitted to a nursing care facility operated by the Defendant organization. Prior to his admission at the nursing facility, he had executed a health care proxy which authorized his wife to act as his “health care agent” relating to “health care decisions.” In her capacity as Health Care Proxy, the wife of Mr. Johnson admitted him into the facility for long term care and treatment. As part of the admission process, she was asked to sign an agreement with the Defendant to submit any disputes that arise between the parties for resolution by mediation and/or arbitration (often referred to as an “arbitration agreement.”) Approximately one year later, Mr. Dalton suffered severe burns and was taken to a hospital where he succumbed to his injuries. The wife of Mr. Dalton brought suit against the Defendant claiming a variety of claims predicated on Wrongful Death.

Continue reading →

Published on:

WheelchairAs our population ages, more and more Americans will turn to nursing homes and other long-term care facilities to meet their changing medical needs. While most of these facilities provide professional and high-quality care, sometimes nursing home residents are the victims of neglect or even intentional mistreatment. When those charged with caring for others fail to adequately perform their duties, victims may be able to recover by filing a personal injury lawsuit. Nursing homes and other facilities offering long-term care are subject to both state and federal regulation, and there are a number of ways in which these facilities or their staff could potentially violate these laws. If you feel that you or a loved one has been injured by nursing home abuse or neglect, you should be certain to discuss your case with an experienced Framingham nursing home attorney as soon as possible.

Continue reading →