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If your loved one has been harmed in a nursing home, the anger and confusion you feel are justified. Massachusetts law protects nursing home residents from abuse, neglect, medication errors, and financial exploitation, and facilities that fail to meet their obligations can be held accountable. But these cases involve difficult medical evidence, state and federal regulations, and tight deadlines that require prompt action.
At Colucci, Colucci & Marcus, P.C., Boston nursing home abuse attorney Dino Colucci has represented families in nursing home negligence and wrongful death cases since 1995. According to the National Center on Elder Abuse, roughly one in ten Americans over age 60 experiences some form of elder abuse each year, and residents in institutional settings face even higher rates.
This guide covers the types of nursing home abuse recognized under Massachusetts law, the warning signs families should watch for, how to report suspected abuse, and the compensation that may be available. Call Colucci, Colucci & Marcus at (617) 698-6000 for a consultation with our personal injury attorney.
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Nursing home abuse is any act or failure to act by a caregiver that causes harm or a serious risk of harm to a resident. Massachusetts defines and regulates nursing home care through two primary frameworks. Massachusetts law addresses abuse, neglect, mistreatment, and misappropriation of property in nursing homes and rest homes, and M.G.L. c. 111, §§ 72F-72L, specifically prohibits such conduct. Separately, M.G.L. Chapter 19A, Sections 14 through 26, governs the broader Elder Protective Services program and defines elder abuse as any act or omission resulting in serious physical, emotional, or financial harm to a person age 60 or older.
Under these laws, nursing home abuse falls into several categories.
Federal law also protects nursing home residents. Medicare- and Medicaid-certified facilities must provide care that helps each resident attain or maintain the highest practicable physical, mental, and psychosocial well-being, and residents have the right to be free from abuse, neglect, exploitation, and improper restraints.
Key Takeaway: Massachusetts law protects nursing home residents through both M.G.L. Chapter 111 (Patient Abuse Law) and M.G.L. Chapter 19A (Elder Protective Services). Federal law under the Nursing Home Reform Act adds additional protections. Facilities that violate these laws can face fines, loss of licensure, and civil liability.
Dino Colucci of Colucci, Colucci & Marcus has handled nursing home negligence cases throughout Boston. Call (617) 698-6000 to discuss your family’s situation.
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Many nursing home residents cannot report abuse on their own. Some are afraid of retaliation. Others have cognitive or physical conditions that prevent them from communicating what has happened. Families must know what to look for during visits and phone calls.
Physical indicators of abuse or neglect include unexplained bruises, cuts, burns, or skin tears. Broken bones in an elderly person who has not had a documented fall may suggest rough handling. Bedsores (also known as pressure ulcers or decubitus ulcers) are one of the most common signs of neglect. More than one in ten nursing home residents develops bedsores, according to Johns Hopkins Medicine. In most cases, these wounds are preventable with proper repositioning and skin care.
Rapid or unexplained weight loss, dehydration, and poor hygiene are also red flags. A resident who appears unwashed, is wearing soiled clothing, or has untreated medical conditions may not be receiving adequate care.
Changes in mood or behavior can be harder to detect but are equally concerning. A resident who becomes withdrawn, fearful, or anxious, particularly around certain staff members, may be experiencing emotional or physical abuse. Sudden depression, loss of interest in activities, or unusual agitation can also indicate a problem.
Unexplained changes in a resident’s financial situation, including missing valuables, unusual bank withdrawals, or sudden changes to a will or power of attorney, may indicate financial exploitation.
Key Takeaway: Warning signs range from visible injuries like bruises and bedsores to behavioral changes such as withdrawal or fear of staff. Even subtle changes can indicate abuse. Regular visits and attentive communication are the most effective ways to identify problems early.
If you have noticed any of these signs in a loved one’s care, contact Colucci, Colucci & Marcus for a case evaluation. Call (617) 698-6000.
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Dino M. Colucci serves as the firm’s lead trial counsel. He graduated from Tufts University in 1984 and earned his J.D. from Suffolk University Law School in 1988. Since then, he has focused his career on personal injury litigation, with particular emphasis on nursing home negligence over the past decade. The Boston Globe sought his insight during its investigative reporting on nursing home abuse, and Massachusetts Lawyers Weekly has regularly covered his trial victories and settlement results.
Dino holds bar admissions in Massachusetts, New Jersey, Rhode Island, the U.S. Court of Appeals for the First Circuit, and the Supreme Court of the United States. He has been selected as a Massachusetts Super Lawyer annually since 2012, is a member of the Multi-Million Dollar Advocates Forum, and was named in The Best Lawyers in America. He has also served on the Suffolk University Board of Trustees and taught trial evidence as an adjunct professor at Suffolk University Law School.
Darin Colucci serves as managing partner at Colucci, Colucci & Marcus, P.C. He graduated cum laude from Suffolk University Law School, where he served as an editor of the Law Review, and earned his undergraduate degree from Bucknell University. Darin focuses on tort and general litigation, including nursing home negligence, construction site incidents, and motor vehicle cases.
He served as lead negotiator for over 100 plaintiffs in a lawsuit involving unfair and deceptive business practices that resulted in a settlement of more than $67 million. He has been selected as a Massachusetts Super Lawyer annually since 2017 and was named among the Top 10 Personal Injury Attorneys by Newsweek Magazine from 2014 through 2020. He is a member of the National Trial Lawyers Top 100 Trial Lawyers.
Matthew J. Marcus serves as a partner at Colucci, Colucci & Marcus, P.C., focusing on estate planning and elder law. He holds a B.A. from Boston University, a J.D. from Suffolk University Law School, and an LL.M. in Taxation from Boston University School of Law. Matthew served on the Board of Directors of the Massachusetts Chapter of the National Academy of Elder Law Attorneys from 1999 through 2006 and co-chaired the Boston Bar Association’s Elder Law Committee.
He has served as a Hearing Officer for the Massachusetts Board of Bar Overseers. He coordinates a monthly self-advocacy group for adults with developmental disabilities in Boston and has been selected as a Massachusetts Super Lawyer every year since 2006.
Colucci, Colucci & Marcus represents families in a wide range of nursing home negligence and abuse matters throughout Boston and Massachusetts. The types of cases we handle include:
Regardless of the setting, caregivers have a legal duty to provide residents with safe, adequate care.
Key Takeaway: Nursing home abuse cases encompass a broad range of injuries and failures, from bedsores and falls to medication errors and wrongful death. Colucci, Colucci & Marcus handles all types of nursing home negligence claims. Contact us at (617) 698-6000 to discuss your loved one’s case.
Nursing home negligence claims in Massachusetts follow the same basic framework as other personal injury cases. You must demonstrate that the facility owed your loved one a duty of care, that the facility breached that duty, that the said breach caused harm, and your loved one suffered actual damages as a result.
Every licensed nursing home in Massachusetts is required to meet state and federal care standards. These standards are established by M.G.L. Chapter 111, the Massachusetts Department of Public Health regulations (105 CMR 150.000), and federal regulations under the Centers for Medicare and Medicaid Services (CMS). The standard of care requires facilities to maintain adequate staffing, properly train employees, and ensure each resident’s physical and mental well-being.
Evidence of a breach can include the facility’s own records, such as staffing logs, incident reports, and care plans. Medical records showing untreated conditions, unexplained injuries, or medication errors are also critical. In some cases, reports from the Massachusetts Department of Public Health (DPH), which conducts regular surveys and complaint investigations, may document violations at the facility.
Medical testimony is often necessary to establish that a facility’s failures directly caused or contributed to a resident’s injuries. Colucci, Colucci & Marcus works with medical professionals, nursing care consultants, and other relevant authorities to build this connection.
Key Takeaway: Proving a nursing home abuse claim requires showing the facility failed to meet its care obligations and that this failure caused harm. Medical records, staffing logs, DPH survey reports, and testimony from medical professionals are all important forms of evidence.
Families of nursing home abuse victims may recover several types of compensation (known as damages) through a civil lawsuit. The specific amounts depend on the severity of the injuries, the type of abuse, and the circumstances of the case.
| Type of Damages | What It Covers |
|---|---|
| Medical expenses | Hospital bills, doctor visits, surgery, rehabilitation, medication, and ongoing care related to the abuse or neglect |
| Pain and suffering | Physical pain, emotional distress, anxiety, depression, and loss of quality of life experienced by the resident |
| Relocation costs | Expenses associated with transferring the resident to a safer facility |
| Loss of consortium | Compensation that may be available to a spouse or, in some cases, certain parent-child claimants under Massachusetts law |
| Wrongful death damages | Funeral and burial expenses, lost financial support, and loss of companionship in cases where abuse or neglect leads to death |
Massachusetts also allows claims under M.G.L. Chapter 93A, the state’s consumer protection statute, in certain cases involving deceptive or unfair business practices by a nursing home. A successful 93A claim can result in double or triple damages.
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Under M.G.L. Chapter 260, Section 2A, the statute of limitations for most personal injury claims in Massachusetts, including nursing home negligence, is three years from the date the injury occurred or was discovered.
If the abuse or neglect resulted in a wrongful death, the family generally has three years from the date of death to file a claim. For cases involving financial exploitation or consumer protection violations under Chapter 93A, the deadline may differ.
There are limited exceptions that can extend this deadline. If the victim was mentally incapacitated at the time of the injury, the three-year period may be paused until the incapacity ends. If the facility or an employee concealed the abuse, the discovery rule may apply, starting the clock from the date the family discovered or reasonably should have discovered the harm.
However, waiting to file a claim can hurt your case. Medical records may be lost, witnesses may become unavailable, and critical evidence can deteriorate over time.
Key Takeaway: Massachusetts law gives you three years from the date of injury or discovery to file a nursing home abuse lawsuit. Exceptions exist for incapacitated victims and concealed abuse, but acting quickly is important to preserve evidence.
Contact Colucci, Colucci & Marcus as soon as you suspect nursing home abuse. Call (617) 698-6000 to protect your family’s legal rights.
Massachusetts has two separate reporting systems for nursing home abuse, depending on where the abuse occurred.
For abuse in a nursing home, rest home, or inpatient hospice facility, reports should be made to the Massachusetts Department of Public Health (DPH) Complaint Unit. The DPH investigates complaints and can impose penalties, require corrective action plans, or revoke a facility’s license. The DPH Hotline number is (800) 462-5540.
For suspected abuse of an adult age 60 or older who lives in the community, reports should be made to the Executive Office of Aging & Independence at the Massachusetts Elder Abuse Hotline: (800) 922-2275. This hotline operates 24 hours a day.
Massachusetts law requires certain professionals, including nurses, physicians, and social workers, to report suspected elder abuse immediately. Under M.G.L. Chapter 19A, Section 15, mandated reporters who fail to report face fines of up to $1,000. However, any person can file a report, and reports can be made anonymously.
Filing a report does not prevent you from also pursuing a civil lawsuit. In fact, the report and any subsequent investigation can produce evidence that supports a legal claim.
Colucci, Colucci & Marcus can guide you through the reporting process and help you explore your legal options. Call our Boston office at (617) 698-6000.
Colucci, Colucci & Marcus represents nursing home abuse victims and their families across Boston and throughout Massachusetts. Our team works with clients in nearby communities like Milton, Quincy, Braintree, Brookline, Cambridge, Somerville, Newton, Dedham, Norwood, Weymouth, Brockton, Fall River, New Bedford, Worcester, Framingham, and Plymouth, as well as families across Suffolk, Norfolk, Middlesex, Plymouth, Bristol, and Worcester Counties.
Discovering that a loved one has been harmed in a nursing home is one of the most difficult experiences a family can face. The people you trusted to provide care failed, and your loved one paid the price. You do not have to face this alone, and you do not have to accept the facility’s version of events.
Call Colucci, Colucci & Marcus at (617) 698-6000 for a confidential consultation. Our office is located at 424 Adams Street, Suite 101, Milton, MA 02186, just six miles from downtown Boston near Route 128.
Under Massachusetts law, nursing home abuse includes any intentional or negligent act by a caregiver that causes harm to a resident. This covers physical abuse, sexual abuse, emotional abuse, neglect, and financial exploitation. Both M.G.L. Chapter 111 and M.G.L. Chapter 19A define and prohibit these acts. Even a single incident can give rise to a legal claim.
The general statute of limitations is three years from the date of the injury or its discovery, under M.G.L. Chapter 260, Section 2A. However, exceptions may apply for residents who are mentally incapacitated or in cases where the abuse was concealed. Contact Colucci, Colucci & Marcus at (617) 698-6000 promptly to preserve your legal options.
Document any signs of abuse with photographs and written notes. Request copies of your loved one’s medical records and care plans. Report your concerns to the Massachusetts DPH at (800) 462-5540 or the Elder Abuse Hotline at (800) 922-2275. Contact a Boston nursing home abuse attorney to discuss your legal options.
Colucci, Colucci & Marcus handles nursing home abuse cases on a contingency fee basis. You pay no attorney fees upfront, and the firm only collects a fee if it recovers compensation on your behalf.
Yes. Massachusetts allows wrongful death claims when a nursing home’s negligence or abuse contributes to a resident’s death. Family members or the personal representative of the estate can file a claim within three years of the date of death. Dino Colucci has handled nursing home wrongful death cases throughout Boston.
Abuse generally involves an intentional act, such as hitting, restraining, or verbally threatening a resident. Neglect is the failure to provide necessary care, such as not repositioning a bedridden resident, not administering medications, or not providing adequate food and water. Both are grounds for a lawsuit in Massachusetts, and both can cause serious harm.
The Massachusetts Department of Public Health (DPH) investigates complaints about care in licensed nursing homes. The Executive Office of Aging and Independence investigates reports of elder abuse for residents aged 60 and older. Both agencies can take enforcement action, and their findings can support a civil lawsuit.
I had a wonderful experience with Dino and his entire team from CCM when I was involved in an accident while cycling at fault of a motor vehicle driver resulting in multiple injuries. Dino was compassionate and actionable when we first got in touch, and throughout the entire settlement process always made himself available for any questions I had…
An uninsured motorist struck me from behind at the end of my driveway while I was shoveling. And was seriously injured. My case was handled with the highest expertise, support and with excellent customer service. I did not expect to have it settled so quickly and was pleasantly surprised with the results. I highly recommend this group…