Call us for a free consultation
Call us for a free consultation
If a loved one has been injured in a Boston nursing home, the harm may not have been unavoidable. Falls, fractures, bedsores, and medication errors are among the most common injuries in Massachusetts long-term care facilities, and many of them result from understaffing, inadequate training, or outright neglect. These injuries often give rise to legal claims under Massachusetts law, including actions for negligence, medical malpractice, and violations of resident rights.
At Colucci, Colucci & Marcus, P.C., Boston personal injury attorney Dino Colucci has represented clients in nursing home negligence cases since 1995. According to the Massachusetts Department of Public Health, the rate of falls with injury in Massachusetts nursing homes increased nearly 25% between 2018 and 2022, climbing from 27.9 to 34.8 falls with injury per 1,000 residents. Our nursing home abuse lawyers have recovered compensation for families across Boston, Massachusetts, and surrounding communities.
This guide explains the types of injuries in Boston nursing homes, how Massachusetts law protects residents, the compensation families can recover, and the steps you should take if you suspect your loved one has been harmed. Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 for a consultation.
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Recent Case results
Very happy with the care, attention and service I received from everyone at Colucci Colucci & Marcus at Law. From day one, everyone was kind, professional and outstanding advocates for me during a very stressful time in my life. I am very happy with the settlement I received. Stephanie & Junyan were kind…
Professional, Honest, and Responsive
I cannot recommend Attorney Matt Marcus enough for anyone seeking estate planning services. What truly set him apart was his professional integrity, right from the very start…
Darin is a great lawyer, works with his clients, and goes all out for everything they can get. Above that, he has the best assistant, Allison, she is always there to help when Darin is doing his outside work. I will recommend this agency to get you everything you deserve…
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Nursing home injuries can range from minor bruising to conditions that permanently change a resident’s quality of life. Many of these injuries are preventable when staff members follow established care protocols and maintain appropriate staffing levels.
The most common nursing home injuries in Boston include falls and fractures, pressure ulcers (bedsores), medication errors, infections from poor hygiene, malnutrition and dehydration, and injuries during transport or repositioning.
Falls alone account for the largest share of reported injuries. Among the 14,951 falls with injury reported to the Massachusetts Health Care Facility Reporting System (HCFRS) between 2018 and 2022, 81% occurred in a resident’s own room, and 70% occurred during basic activities such as getting out of bed, standing from a chair, or walking.
Because many nursing home residents are elderly and frail, even a seemingly minor fall can lead to hip fractures, traumatic brain injuries, or spinal damage. These injuries often trigger a cascade of complications, including infections, pneumonia, and prolonged immobility, which further weaken the resident.
Key Takeaway: Falls are the most common cause of nursing home injuries in Massachusetts. In recent years, the injury rate has risen nearly 25%. Families should ask about a facility’s fall prevention protocols and staffing levels before and after admission.
Dino Colucci of Colucci, Colucci & Marcus, P.C. can evaluate whether your loved one’s injury resulted from preventable negligence. Call (617) 698-6000 to discuss your Boston nursing home case.
I cannot express enough gratitude for the outstanding representation and compassion I received from Colucci, Colucci & Marcus, especially Darin Colucci. From the very first conversation, Darin made me feel like more than just a client—he treated me like family. Navigating the aftermath of my accident was one of the most challenging times of my life…
Some nursing home injuries carry consequences that extend far beyond the initial harm. Understanding the severity of these injuries helps families recognize when a facility has failed in its duty of care.
Hip fractures are the most serious fall-related injury for elderly residents. According to the Massachusetts Department of Public Health, residents with dementia face the highest fall risk and may benefit most from targeted interventions like hip protectors and balance training. A hip fracture in an elderly patient can require surgery, months of rehabilitation, and often leads to a permanent decline in mobility.
Bedsores develop when staff members fail to reposition residents who cannot move independently. These wounds can progress through four stages, from surface redness to deep tissue damage, exposing muscle and bone. Advanced pressure ulcers can lead to sepsis, a life-threatening infection.
Medication errors include giving the wrong drug, the wrong dose, or failing to administer medication on schedule. In nursing homes, these errors often result from understaffing and poor record-keeping. Massachusetts General Laws (M.G.L.) c. 111, § 72BB requires facilities to obtain informed written consent before administering psychotropic medications to residents, and violations of this provision may support a negligence claim.
Key Takeaway: Serious nursing home injuries like hip fractures, advanced bedsores, and medication errors are frequently tied to staffing failures and inadequate monitoring. These injuries are often preventable and may give rise to legal claims.
Contact Colucci, Colucci & Marcus, P.C. to discuss whether a Boston nursing home failed your loved one. Call (617) 698-6000.
Your Recovery Starts With One Call
Talk Directly with a Seasoned Attorney About Your Case
Exceptional firm! They are excellent in all the areas of law that they practice. They did an amazing job assisting my parents with their affairs in their elder years and are incredible personal injury attorneys. Our family has been using them for almost 20 years now and it’s proven to have been the best decision we ever made…
Massachusetts has one of the more comprehensive frameworks for protecting nursing home residents. Several state and federal laws work together to establish the standard of care that facilities must meet.
| Law or Regulation | What It Covers |
|---|---|
| M.G.L. c. 111, § 70E | Patients' Bill of Rights, including the right to safe care, informed consent, and freedom from restraint |
| M.G.L. c. 111, §§ 72F-72L | Mandatory reporting of abuse, neglect, and mistreatment in nursing homes |
| 105 CMR 150.000 | State licensing standards for long-term care facilities, including staffing ratios and safety requirements |
| M.G.L. c. 93A | Consumer protection law allows claims for unfair or deceptive practices, including nursing home misconduct |
| Federal Nursing Home Reform Act (1987) | Establishes federal resident-rights and quality-of-care standards for Medicare- and Medicaid-certified nursing homes. |
Under M.G.L. c. 111, § 70E, every nursing home resident has the right to receive adequate and appropriate care, to be free from physical and chemical restraints except in documented emergencies, and to be informed of their medical condition and treatment plan. When a facility violates these rights, the resident or their family may have grounds for a legal claim.
Massachusetts also requires nursing home staff to report suspected abuse and neglect under M.G.L. c. 111, §§ 72F-72L. Failure to report can itself constitute a violation that supports additional legal action. The Massachusetts Department of Public Health investigates complaints and can impose sanctions on facilities that fail to meet care standards.
Key Takeaway: Massachusetts law provides multiple layers of protection for nursing home residents through patients’ rights statutes, mandatory reporting requirements, and state licensing standards. Violations of these laws can serve as the foundation for a negligence or abuse claim.
Colucci, Colucci & Marcus, P.C. can help you determine whether a Boston nursing home violated your loved one’s rights. Call (617) 698-6000.
Most nursing home injuries in Boston trace back to systemic problems within the facility rather than isolated mistakes by individual staff members.
Understaffing is one of the most common causes of nursing home injuries. Massachusetts publicly monitors nursing-facility staffing under 101 CMR 206.13, and public sources commonly describe that benchmark as 3.58 hours per patient day. The Department reports that facilities meeting this minimum consistently had lower rates of falls with injury than facilities that fell short. Despite these requirements, many facilities continue to operate below minimum staffing levels, particularly during evening and overnight shifts.
Poorly trained staff members may not know how to safely transfer residents, recognize the early signs of infection, or respond to a fall. Massachusetts regulations under 105 CMR 150.000 require facilities to provide staff training, but enforcement varies. When training gaps lead to injuries, the facility may be held liable for negligent hiring or supervision.
Every nursing home resident has an individualized care plan that outlines their medical needs, mobility limitations, and fall risk level. When staff members ignore or fail to follow these plans, the risk of injury increases significantly. Common care plan violations include ignoring a physician’s orders regarding medication, repositioning schedules, or assistive devices such as bed alarms and wheelchair sensors.
Key Takeaway: Understaffing, inadequate training, and failure to follow care plans are the leading causes of nursing home injuries in Boston. Massachusetts has established minimum staffing ratios, but many facilities still fall short.
Colucci, Colucci & Marcus, P.C., has investigated nursing home negligence throughout Boston and Massachusetts for decades. Call (617) 698-6000 to discuss your family’s situation.
Take the First Step Toward Recovery
Your Injury. Your Story. Your Justice
Dino M. Colucci founded Colucci, Colucci & Marcus, P.C. and serves as the firm’s lead trial counsel. He graduated from Tufts University and earned his law degree from Suffolk University Law School, where he received recognition for trial advocacy. Since 1988, Dino has focused on personal injury litigation, and over the past decade, he has increasingly represented elderly and vulnerable individuals in nursing home negligence matters.
He has been selected as a Massachusetts Super Lawyer annually since 2012, holds a Martindale-Hubbell AV Preeminent rating, and is a member of the Multi-Million Dollar Advocates Forum. He holds bar admissions in Massachusetts, New Jersey, Rhode Island, and several federal courts, including the Supreme Court of the United States.
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 on the Law Review, and earned his undergraduate degree from Bucknell University. Darin handles tort and general litigation, including nursing home negligence, construction site incidents, and complex product liability cases.
He served as the lead negotiator in a case that resulted in a settlement of nearly $70 million. He has been named among the Top 10 Personal Injury Attorneys by Newsweek Magazine and is included in the National Trial Lawyers Top 100 Trial Lawyers.
Matthew J. Marcus serves as a partner at Colucci, Colucci & Marcus, P.C. He focuses his practice on estate planning and elder law. Matthew served on the Board of Directors of the Massachusetts chapter of the National Academy of Elder Law Attorneys for eight years (1999-2006) 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 holds degrees from Boston University, Suffolk University Law School, and Boston University School of Law, where he earned an LL.M. in Taxation. Matthew coordinates a monthly self-advocacy group for adults with developmental disabilities in Boston and was named Citizen Advocate of the Year by the Massachusetts ARC.
Learn more
Families whose loved ones have been injured in a nursing home may be entitled to recover compensation for several categories of harm. The specific amount depends on the severity of the injury, the degree of negligence, and whether the resident survived the injury.
Recoverable damages in Massachusetts nursing home injury cases typically include:
Key Takeaway: Families may recover compensation for medical bills, pain and suffering, wrongful death, and consumer protection violations. Massachusetts law allows treble damages under Chapter 93A when facilities engage in deceptive conduct.
Massachusetts generally allows three years for personal-injury tort claims under G.L. c. 260, § 2A. Wrongful-death claims are generally governed by G.L. c. 229, § 2. For wrongful death claims, the deadline is three years from the date of death or from the date when the executor of the estate knew or should have known about the basis for a claim.
If the claim is brought as malpractice against a ‘provider of health care,’ a term that includes nursing homes under G.L. c. 231, § 60B, the 182-day written-notice rule in G.L. c. 231, § 60L may apply. This notice requirement, established under M.G.L. c. 231, § 60L, means that families need to consult with an attorney well before the three-year deadline to preserve their legal options.
Two important exceptions may extend the filing deadline. The discovery rule allows the statute of limitations to begin when the injured person first learned, or reasonably should have learned, that they were harmed by negligence. Fraudulent concealment, where a facility actively hid evidence of neglect, may also pause the clock.
Key Takeaway: You generally have three years to file a nursing home injury claim in Massachusetts, but the required 182-day notice period means you should contact an attorney as soon as you suspect negligence. A seven-year statute of repose sets the outer boundary for filing.
Taking prompt action after discovering a nursing home injury can protect both your loved one’s health and your family’s legal rights. The following steps can help preserve evidence and strengthen a potential claim:
Key Takeaway: Prompt medical attention, thorough documentation, official reports, and early consultation with an attorney are the most important steps after discovering a nursing home injury. The 182-day notice requirement makes early legal consultation particularly important.
Colucci, Colucci & Marcus, P.C. can guide your family through every step of a Boston nursing home injury claim. Call (617) 698-6000.
Filing a nursing home injury lawsuit in Massachusetts involves several steps, and the process typically takes longer than a standard personal injury claim due to the medical malpractice notice requirements.
The process generally follows this path. First, the attorney investigates the claim by reviewing medical records, interviewing witnesses, consulting medical professionals, and identifying all potentially liable parties. This investigation must be thorough because the 182-day notice letter under M.G.L. c. 231, § 60L requires specific details about the alleged negligence.
After the notice period, the attorney files a complaint in the appropriate Massachusetts court. The discovery phase then allows both sides to exchange evidence, take depositions, and retain experts. Many nursing home injury cases settle during this period because facilities and their insurers prefer to avoid the public exposure of a trial.
If a settlement cannot be reached, the case proceeds to trial. Colucci, Colucci & Marcus, P.C. has the litigation capacity to take cases through trial when a fair settlement is not offered. Call (617) 698-6000 for a consultation.
Colucci, Colucci & Marcus, P.C. represents families in nursing home injury cases throughout the greater Boston area and across Massachusetts. Located at 424 Adams St, #101, Milton, MA 02186, our office serves clients in Boston and nearby communities such as Milton, Quincy, Braintree, Dedham, Brookline, Cambridge, and Somerville, as well as neighborhoods including Dorchester, Roxbury, Jamaica Plain, Mattapan, Hyde Park, Roslindale, South Boston, Charlestown, East Boston, Allston, and Brighton.
We also assist families in Newton, Watertown, Waltham, Needham, Norwood, Weymouth, Hingham, Brockton, Plymouth, Fall River, New Bedford, Worcester, and surrounding areas throughout Massachusetts.
When a loved one is injured in a nursing home, families are often left with important questions about how the injury occurred, whether the facility is being truthful, and what options are available. Getting clear answers and understanding your family’s legal rights can be an important first step.
Dino Colucci has represented families in nursing home negligence cases throughout Boston for over 30 years. His work in this area led The Boston Globe to seek his insight during its investigative reporting on nursing home conditions, and Massachusetts Lawyers Weekly has regularly covered his trial victories and settlement results.
Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to schedule a consultation at our Milton office. We serve families throughout Boston, Massachusetts, and the surrounding region.
Not every nursing home injury is the result of negligence, but several indicators suggest a facility may have failed in its duty of care. Unexplained injuries, recurring falls, bedsores that develop or worsen over time, and staffing shortages at the facility all point toward possible negligence. An attorney can review your loved one’s medical records and the facility’s inspection history to determine whether a legal claim exists.
Standing depends on the resident’s legal status and the type of claim. In many cases, the resident, a duly appointed guardian or conservator, or the estate’s executor or administrator may be the proper plaintiff. A health care proxy authorizes health care decisions, not automatically litigation decisions.
If the claim is brought as malpractice against a covered health-care provider, G.L. c. 231, § 60L generally requires 182 days’ written notice before suit. This notice must include specific details about the alleged negligence and the injuries. The requirement is designed to give facilities a chance to investigate and respond, but it also means families should consult an attorney as early as possible to avoid running up against the three-year statute of limitations.
You can report suspected abuse or neglect to the Massachusetts Department of Public Health, the Executive Office of Elder Affairs, or local law enforcement. Filing an official complaint creates a record that can support a future legal claim. An attorney can also help you determine the best reporting strategy for your situation.
Some nursing homes include arbitration clauses in their admission contracts, which attempt to prevent families from filing lawsuits. However, these clauses are not always enforceable in Massachusetts, particularly if the resident lacked the mental capacity to understand the agreement or if the clause was presented as a condition of admission. An attorney can review the agreement and advise whether it affects your family’s options.
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…
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…