Posts made in May 2015

Understand the rights of nursing home residents

Nursing home negligence and nursing home abuse are extremely dangerous, primarily because nursing home residents are usually frail or in poor health to begin with, and they may be unable to defend themselves. We trust the care of our elderly loved ones to nursing homes because we want what is best for them; we want them to receive the specialized, constant care that they need. The last thing they deserve is to be treated with neglect or abuse.

One of the best ways to ensure that your loved one will receive the care that they need and not be mistreated in a nursing home is to employ the services of a home that is very clear and transparent with its treatment of residents. There are federal guidelines that establish the ways in which nursing homes must prohibit the mistreatment of residents, including development and implementation of written policies to ensure such abuse or neglect does not occur.

In addition to the written policies of the nursing home, which the resident is to be made aware of both upon admission and throughout residence, there are other rights that nursing home residents should not be denied. These include rights such as the ability to see family members, the use of personal possessions and clothing, equal treatment, confidentiality and much, much more.

If at any point your loved one is denied these rights, you should investigate the care they are receiving and consider taking legal action. Consulting with an attorney can give you a better understanding of how the law treats nursing home negligence, and can also help you receive compensation for any mistreatment your loved one received in the nursing home’s care.

Massachusetts Appeals Court affirms $1,400,000 Legal Malpractice Award

The Massachusetts Appeals Court has unanimously affirmed a verdict previously achieved by Colucci, Colucci, Marcus & Flavin, P.C. in a legal malpractice case which totaled $1,400,000. In arriving at their decision, the Court took the rare step of actually increasing the total judgment amount. This success is merely the latest in a string of million dollar cases resolved by the firm in 2015.

Man charged with OUI after fatal Massachusetts accident

As common as car accidents are, the vast majority of people will probably never be involved in a serious or fatal car accident. Nobody wants to get into a car accident, which is why most people practice defensive driving techniques and do what they can to avoid a collision. Unfortunately, some people overestimate their driving abilities (or in some cases alcohol tolerance) and attempt to drive when they should not. This contributes to accidents that could likely have otherwise been avoided.

A fatal accident occurred recently in Massachusetts when a car ran a red light and collided with a truck. The driver of the truck that was struck was taken to a nearby hospital, where he remains in critical condition. A female passenger was taken to the same hospital after the accident, but she was pronounced dead. The driver who ran the red light is facing many charges, including Operating Under the Influence and open container violations.

Despite all the evidence to the contrary, many people believe that they will be able to consume alcohol and drive with no impairment. Unfortunately, this is simply not the case, especially when you are over the legal limit. Any number of factors could have led to this accident. Perhaps the driver’s reflexes were slowed and he could stop at the light, or perhaps his decision-making was impaired and he simply chose to go through the light.

Whatever the reason for the man’s actions, a woman is now dead and another man is in critical condition because of one driver’s negligence. It is for reasons like this that the law provides protection for victims of negligent driving practices. Money certainly will not replace the life of the woman who was killed, but it can perhaps make the recovery process easier for the man who now has unexpected medical bills to pay for. Massachusetts residents who find themselves in accidents are encouraged to seek legal help in the aftermath of such an accident to find out if they could qualify for compensation.

Source: WHDH, “One charged in fatal Beverly car accident,” May 11, 2015

Colucci, Colucci, Marcus & Flavin hit big against a Massachusetts Insurance Company on a bad faith claim

Insurance companies have a legal duty to effect prompt and fair settlements when liability is established. The firm handled a case for a pedestrian who was significantly injured when he was struck by a car. The firm brought an action against the driver and her insurance company for failing to make a reasonable settlement offer given the facts. An arbitrator agreed awarding the plaintiff 1.5 million dollars in damages. The insurance company then settled the bad faith claim against them for an additional payment of $250,000.00. Credit goes to Darin Colucci who earlier this year was selected by Newsweek.com as one of the country’s 10 Best Personal Injury Attorneys, and the only one selected from Massachusetts.

Colucci, Colucci, Marcus and Flavin recently handled a tragic case involving daycare neglect

Few people know the intricacies associated with Daycare center operations. There are a host of CMR’s and Best Practices precepts that set the standard for daycare operators as well as their day-to-day operations. The firm successfully argued that this particular daycare provider had violated numerous standards and regulations in their conduct relative to the care of this infant. It was a painful ordeal for the parents to learn of such neglect, but thankfully the case was resolved relatively quickly by Dino Colucci. The amount of the settlement, which was impressive, is subject to a confidentiality agreement.

How can I tell if my loved one’s nursing home is a safe place?

There are many nursing homes in the Boston area of Massachusetts, but naturally we all want what is best for our elderly loved ones. While most nursing homes are wonderful places full of caring staff members ready to provide the residents with whatever they might need, nursing home negligence and abuse are real issues that everyone should be aware of. Learning more about a nursing home before leaving your loved one in its care can go a long way in preventing abuse.

A great way to measure the quality of a nursing home is by using a checklist of things you should look for. It is not only a useful way to keep track of which nursing homes are better than others on paper, but it also provides you with questions you may not have even thought to ask. Nursing homes that answer yes to the majority of this checklist will likely be safe places where you can entrust the care of your loved ones without much worry.

Of course even nursing homes that meet every requirement could have outlying instances of abuse. It only takes one employee having a bad day or a short temper to lash out and mistreat one of the nursing home’s residents. This is why no matter how much you like your chosen nursing home, it is in your best interests to check up on your loved one often and thoroughly.

If you believe that your loved one is being mistreated in a nursing home, it is recommended that you speak with an attorney about nursing home negligence. Nursing home negligence is an awful issue that can make nursing home residents feel unsafe and frightened, and if you can make a successful case, you and your loved one could be compensated for the suffering.