Articles Posted in Nursing Home Neglect

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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 →

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hallwayIn March of 2008, Frank Battaglia was a resident and patient of the Concord Health Care Center in Concord, Massachusetts.  Mr. Battaglia alleged that the Defendant Health Care Center had a duty to provide competent nursing and other care to the Plaintiff.  Additionally, the Plaintiff alleged that the Defendant negligently failed to provide proper and competent care, it carelessly and negligently failed to design and adhere to an appropriate plan of Care, it negligently failed to provide a safe living facility and environment to the Plaintiff, it failed to provide adequate and proper supervised care as needed, and it failed to properly assess and monitor the Plaintiff’s underlying medical condition.  As a result of the purported negligence by the Health Care facility, the Plaintiff alleged that he was caused to suffer permanent loss of function and mobility and ultimately filed a suit that proceeded to the United States District Court in Massachusetts.

In addition to the negligence claims brought above, the Plaintiff claimed a violation of Massachusetts General Law Ch. 93A, the consumer protection statute.  The Plaintiff alleged that while the Defendant was engaged in a trade or commerce (as defined by the statute) the Defendant misrepresented the quality of the services it would provide and failed to provide services in compliance with existing state and federal statutes, rules, and regulations.  As such, it was alleged that these actions (or inactions) rose to the level of unfair or deceptive trade practices for purpose of the statute, which allows for triple damages and the possibility of attorney’s fees in certain circumstances.  The Defendant filed a motion for summary judgment in response to the Plaintiff’s 93A claim.

The Health Care facility argued that the Chapter 93A claim should be dismissed based on a previous ruling by the Supreme Judicial Court in Darviris v. Petros, 812 N.E.2d 1188 (Mass. 2004).  In that case, the court held that medical malpractice was not remediable under Chapter 93A.  However, the court did hold that a Chapter 93A case may be allowed in certain circumstances.  Specifically, the court wrote: Continue reading →

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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.

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