Call us for a free consultation
Call us for a free consultation
Learning that a loved one fell and broke a bone in a nursing home raises serious concerns about their safety and care. Falls are a leading cause of serious injury among older adults, and fall-related injuries remain common among Massachusetts nursing home residents. Families in Milton and the Greater Boston area may have legal rights when a nursing home fails to take reasonable steps to protect a resident.
Boston nursing home abuse attorney Dino M. Colucci has decades of experience representing injured residents and their families in Massachusetts. He understands how to investigate nursing home falls, review care plans and staffing records, and determine whether negligence may have contributed to a resident’s injuries. Our team works to hold facilities accountable when they fail to provide safe and appropriate care.
In this guide, you will learn why nursing home falls and fractures happen, what injuries are most common, and what Massachusetts law requires facilities to do to prevent them. If you have questions about your loved one’s injury, contact 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
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…
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…
Every Injury Case Deserves Personal Attention
Confidential Consultation with Experienced Trial Attorney
Many nursing home falls are preventable. They may happen because of facility failures such as inadequate supervision, unaddressed hazards, or failure to update a resident’s care plan.
Insufficient staffing and inadequate supervision can increase fall risk, especially when residents need help transferring, toileting, or moving safely. When too few aides are on the floor, residents wait too long for help getting to the bathroom, out of bed, or into a wheelchair. Many try to move on their own, increasing their risk of falling.
Nursing homes have a legal duty to maintain safe physical environments. Common hazards that lead to falls include:
Sedatives, antipsychotics, and blood pressure drugs can cause dizziness, drowsiness, and impaired balance. When medications increase fall risk, that risk should be reflected in supervision and care-planning decisions.
Key Takeaway: Many nursing home falls may be preventable with appropriate supervision and care planning. When a fall results from understaffing, unaddressed hazards, or medication mismanagement, the facility may be legally responsible for the harm caused.
If you suspect your loved one’s fall was caused by negligence, contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000.
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…
Hip fractures are among the most serious injuries from nursing home falls. Other fractures can also cause lasting harm, chronic pain, and loss of independence.
A hip fracture in an older nursing home resident is a serious injury that can carry significant health risks. There is a substantial one-year mortality risk after hip fracture in older adults, often in the roughly 17% to 25% range, with higher rates reported in some frailer or higher-risk groups. Those who survive often require surgery, extended rehabilitation, and may experience long-term loss of mobility or independence.
When a resident falls, the instinct to brace with hands and arms often results in wrist or shoulder fractures. Vertebral compression fractures occur when the spine absorbs the impact, causing chronic back pain and reduced mobility. These injuries frequently lead to long-term disability in elderly patients.
Fractures often occur alongside traumatic brain injuries (TBI). A resident who falls and strikes their head may suffer both a skull fracture and a brain bleed, especially those taking blood-thinning medications. Families should consider the full scope of injuries when assessing whether the fall may involve negligence.
The table below summarizes the most frequent fracture types, their causes, and the key risks they pose for elderly nursing home residents.
| Fracture Type | Common Cause | Severity | Key Risk for Elderly Residents |
|---|---|---|---|
| Hip fracture | Direct impact from the fall | Very high | Substantial one-year mortality risk, often reported at around 17% to 25% in older adults |
| Wrist fracture | Bracing against a fall | Moderate | Chronic pain, reduced hand function |
| Vertebral compression fracture | Spine absorbs impact | High | Chronic pain, loss of mobility |
| Shoulder fracture | Impact or bracing | Moderate to high | Loss of arm function |
| Skull fracture | Head striking the floor | Very high | Traumatic brain injury, brain bleed |
Key Takeaway: Hip fractures are among the most serious fracture injuries after nursing home falls and can carry a substantial one-year mortality risk in older adults. Any serious fracture following a nursing home fall may warrant prompt legal review, especially if the resident had known fall risks or prior falls.
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…
Your Family's Future Depends on the Right Attorney
30 Years of Proven Results in Boston’s Most Serious Injury Cases
Federal nursing home regulations require comprehensive resident assessments, care planning, and accident-prevention measures. Massachusetts law and the Department of Public Health also address fall prevention, resident rights, and reporting obligations in long-term care settings. These requirements create a clear legal standard against which a facility’s conduct can be measured when a resident is injured.
Under 42 C.F.R. §§ 483.20, 483.21, and 483.25(d), nursing facilities must assess residents, develop and implement care plans, keep the resident environment as free of accident hazards as possible, and provide adequate supervision and assistive devices to prevent accidents.
If a resident has a history of falls, balance problems, or mobility limitations, the facility may need interventions such as increased supervision, mobility assistance, therapy, safer footwear, environmental changes, or appropriate assistive devices, depending on the resident’s assessed risks.
Under M.G.L. Chapter 111, Section 224, Massachusetts created a Commission on Falls Prevention to investigate fall risks in long-term care settings and recommend evidence-based prevention strategies.
Nursing home residents have rights under M.G.L. Chapter 111, Section 70E, including rights related to prompt and adequate responses to reasonable requests, confidentiality, access to records, informed consent, privacy, and other protections. Massachusetts resident-rights materials separately state that nursing and rest home residents have the right to be treated with respect and dignity, free from abuse and neglect.
Massachusetts nursing homes must report falls that cause serious injury to the Department of Public Health. Incident reports, care plan updates, and nursing notes can serve as important evidence. Incomplete or altered documentation can create serious regulatory and evidentiary issues.
Key Takeaway: Federal nursing home regulations require resident assessments, comprehensive care planning, and accident-prevention measures, including keeping the environment as free from accident hazards as possible and providing adequate supervision and assistive devices.
Colucci, Colucci & Marcus, P.C., knows how to obtain and use nursing home records to prove negligence. Call (617) 698-6000 today.
The difference between an unforeseeable accident and actionable negligence comes down to whether the facility failed in its duty to protect the resident. Recognizing how courts evaluate this distinction helps families assess whether they have a viable legal claim.
To prove negligence in a Boston nursing home fall case, your attorney must establish four elements. Each element plays a distinct role in building a successful claim:
Certain warning signs can indicate that a nursing home failed to meet the standard of care required to keep residents safe. When these issues appear in medical records, incident reports, or staff accounts, they may suggest that the fall was preventable and caused by negligence.
Key Takeaway: If a nursing home failed to assess fall risk, ignored known hazards, or left a resident without needed supervision, that facility may have breached its legal duty, supporting a potential negligence claim.
After a nursing home fall, families are often focused on their loved one’s recovery and may not realize how important early decisions can be. Avoiding common mistakes can help preserve evidence and protect your legal options.
Under M.G.L. Chapter 260, Section 2A, Massachusetts has a three-year statute of limitations for personal injury claims, including nursing home negligence. Surveillance footage may be overwritten within days or weeks, depending on the facility’s retention policy. Acting quickly preserves the evidence your case depends on.
Facility staff may offer vague explanations such as “the resident just lost balance.” Do not accept these accounts at face value, and do not sign any releases, waivers, or settlement documents before consulting an attorney. A nursing home abuse attorney can investigate whether the facility’s account is consistent with the medical records and staffing logs.
Key Takeaway: Families who wait too long or accept a facility’s account without scrutiny risk losing critical evidence and legal rights. Consulting a nursing home injury attorney immediately after a fall can make the difference in a case.
If you have questions about a nursing home fall, Colucci, Colucci & Marcus, P.C. can help you know your options and next steps. Call (617) 698-6000 today for a confidential consultation.
Dino M. Colucci is the founding partner of Colucci, Colucci & Marcus, P.C., and serves as the firm’s lead trial counsel. With decades of experience in personal injury litigation, he has handled complex and high-profile cases, including those involving nursing home negligence and the rights of vulnerable individuals.
His work has been recognized by Massachusetts Lawyers Weekly and featured in The Boston Globe’s investigative reporting on nursing home issues. Attorney Colucci has secured multiple seven-figure verdicts and settlements and has earned distinctions such as Massachusetts Super Lawyer and an AV Preeminent rating for his legal ability and ethics.
Darin Colucci serves as managing partner at the firm and focuses his practice on personal injury and complex litigation. He has represented clients in a wide range of cases, including nursing home negligence, product liability, and wrongful death matters, bringing a strategic and results-driven approach to each case.
He has achieved significant results, including multi-million-dollar settlements and serving as lead negotiator in a case resulting in a nearly $70 million recovery. Attorney Colucci has been recognized as a Massachusetts Super Lawyer and named among the Top 100 Trial Lawyers, reflecting his experience and standing in the legal community.
Matthew J. Marcus is a partner at Colucci, Colucci & Marcus, P.C., focusing on elder law, estate planning, and issues affecting older adults and individuals with disabilities. His work includes advising families on legal planning, guardianship matters, and protecting the rights of vulnerable individuals.
He has held leadership roles in elder law organizations, co-chaired the Boston Bar Association’s Elder Law Committee, and served on the board of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. Attorney Marcus has also been recognized as a Massachusetts Super Lawyer for many years and is actively involved in advocacy and education within the elder law community.
Learn more
When a nursing home fall leads to serious injury, the financial and personal impact can be significant. Knowing the types of compensation available can help families evaluate their legal options.
Economic damages cover hospital bills, surgical costs, rehabilitation and physical therapy, prescription medications, and long-term care needs related to the fracture created or worsened. A hip fracture requiring surgery and months of rehabilitation can produce costs reaching tens of thousands of dollars or more.
Non-economic damages compensate for physical pain and suffering, emotional distress, loss of enjoyment of life, and diminished independence. For a resident who could walk before the fall and now cannot, these damages can be substantial.
Massachusetts allows surviving family members to pursue wrongful death claims under M.G.L. Chapter 229. Wrongful death damages can include the fair monetary value of the decedent to eligible beneficiaries, including lost companionship, society, comfort, guidance, and counsel, as well as reasonable funeral and burial expenses. Conscious pain and suffering before death may be addressed through a separate survival/conscious-suffering claim when supported by the evidence.
Key Takeaway: An injured resident may recover compensation for medical expenses, rehabilitation costs, pain and suffering, and loss of quality of life. In fatal cases, the estate and eligible beneficiaries may pursue wrongful death damages.
When a nursing home fall results in significant medical costs or long-term harm, understanding the full value of a claim becomes critical. Contact Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to discuss your situation and get clear guidance on your next steps.
Yes. Even if the injured resident has cognitive impairments or physical limitations, Massachusetts law provides clear legal pathways for families to pursue a claim on their behalf.
A person with valid legal authority, such as an agent under a durable power of attorney or a court-appointed guardian or conservator, may work with counsel to pursue a claim on the resident’s behalf. If no POA exists, the family can petition a Massachusetts probate court for guardianship or conservatorship. In wrongful death cases, the executor or administrator of the resident’s estate brings the claim under M.G.L. Chapter 229, Section 2.
Under M.G.L. Chapter 260, Section 2A, the standard statute of limitations for personal injury claims is three years from the date of injury. For residents who were minors or incapacitated by reason of mental illness when the claim accrued, Massachusetts law may extend the filing period after the disability is removed. Families should not rely on tolling without legal review.
Key Takeaway: Family members can file a nursing home fall claim on behalf of an incapacitated loved one through a power of attorney or court-appointed guardianship. Time limits still apply, so act quickly.
Knowing who can file a claim and how the process works is an important first step in protecting your loved one’s rights. Call Colucci, Colucci & Marcus, P.C. at (617) 698-6000 to speak with an attorney about your situation and available legal options.
Colucci, Colucci & Marcus, P.C. represents nursing home fall victims and their families throughout the Greater Boston area and across Massachusetts, including:
Our office is located at 424 Adams St #101, Milton, MA 02186. Call (617) 698-6000 for a free consultation.
If your loved one suffered a fall and fracture in a Massachusetts nursing home, you are not required to rely solely on the facility’s explanation of what happened. Falls that result from understaffing, ignored hazards, or missing care plans are preventable injuries that may indicate the facility did not meet the required standard of care.
Colucci, Colucci & Marcus, P.C. has represented nursing home residents and families across Milton, Boston, and the greater South Shore and Metro Boston area for decades. Our attorneys know how to investigate nursing home negligence, obtain internal facility records through formal legal requests, and present a powerful case at the negotiating table or in court. Call (617) 698-6000 today for a free, confidential consultation.
For personal injury claims, Massachusetts generally has a three-year statute of limitations under M.G.L. Chapter 260, Section 2A. Surveillance footage and staff records can disappear within weeks, so contact an attorney as soon as possible after a fall occurs.
A nursing home may describe a fall as unavoidable, but families should not accept that explanation without reviewing the resident’s care plan, fall history, staffing records, and incident report. An attorney can investigate staffing records, care plans, and incident reports to determine whether the facility failed to follow required fall prevention protocols and whether the fall was, in fact, preventable.
Yes. A family member with power of attorney or court-appointed guardianship can file on the resident’s behalf. If no legal authority exists, a Massachusetts probate court can appoint a guardian or conservator to pursue the case on the resident’s behalf.
The value depends on the severity of the injury, medical treatment costs, and impact on quality of life. Hip fractures requiring surgery and resulting in permanent loss of mobility typically produce higher compensation, and wrongful death cases carry additional damages under Massachusetts law.
Key evidence includes medical records, care plans, incident reports, staffing logs, photographs, and any available video. An attorney can obtain these records through formal legal requests and will act quickly to prevent the facility from destroying or losing critical documentation.
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…
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…
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…