Nursing homes are expected to provide compassionate, attentive care to elderly residents. Unfortunately, that isn’t always the reality. In Massachusetts, reports of elder abuse and neglect in nursing homes have drawn increased attention in recent years. When a resident is mistreated, the path to justice begins with understanding who can take legal action—and under what circumstances.

The article below outlines who can file a nursing home abuse lawsuit in Massachusetts, what qualifies as abuse, and how the legal process typically unfolds.

What Counts as Nursing Home Abuse in Massachusetts?

Massachusetts law recognizes multiple forms of mistreatment in long-term care settings. Abuse isn’t limited to physical harm—it can take many shapes, including:

  • Physical abuse: Hitting, shoving, improper restraint, or overmedication
  • Emotional abuse: Yelling, humiliation, threats, or isolation
  • Sexual abuse: Non-consensual sexual contact or exploitation
  • Neglect: Failing to meet basic needs such as hygiene, nutrition, and medical care
  • Financial exploitation: Misusing a resident’s funds or coercing them into financial decisions

Many of these violations are outlined in Massachusetts General Laws Chapter 111 and further supported by federal standards under the Nursing Home Reform Act.

Warning signs often include sudden weight loss, unexplained injuries, changes in behavior, or poor hygiene. If abuse is suspected, it’s essential to act quickly—not only to protect the victim but to preserve evidence that may support a legal case.

Who Can File a Lawsuit for Nursing Home Abuse in MA?

The Resident Themselves

If the resident is mentally competent and physically able, they have the legal right to file a lawsuit against the facility, staff member, or responsible party. They can seek compensation for medical costs, pain and suffering, emotional distress, and other related damages.

A Legal Guardian or Conservator

If the resident is no longer able to make legal decisions due to dementia, cognitive decline, or other medical issues, a court-appointed guardian or conservator can pursue a lawsuit on their behalf. The legal guardian acts in the best interest of the victim and can initiate civil action against the facility or individual responsible for the abuse.

A Family Member in Cases of Wrongful Death

When nursing home abuse results in a resident’s death, surviving family members—typically a spouse, child, or sometimes a sibling—may be able to file a wrongful death lawsuit. In Massachusetts, the executor or administrator of the deceased’s estate is the official party who files the claim, but they do so on behalf of the family and estate beneficiaries.

Legal Requirements for Filing a Nursing Home Abuse Claim in Massachusetts

Massachusetts law allows victims (or their representatives) to file personal injury lawsuits for nursing home abuse, but several key requirements apply:

What Compensation Can Be Recovered?

A successful nursing home abuse lawsuit can result in compensation for:

  • Medical expenses, including hospitalizations and rehabilitation
  • Pain and suffering
  • Emotional distress
  • Loss of companionship (in wrongful death cases)
  • Funeral and burial costs
  • Punitive damages in cases of extreme or intentional abuse

Each case is different, and the value of a claim depends on the facts and evidence available.

Reporting the Abuse is a Critical First Step

Before filing a lawsuit, it's vital to report suspected abuse. In Massachusetts, mandated reporters—such as doctors, nurses, and social workers—must report elder abuse to the Elder Protective Services unit, part of the Executive Office of Elder Affairs.

Families can also file complaints with the Massachusetts Department of Public Health or contact local police if a crime is suspected. While these steps are not a replacement for a civil lawsuit, they can support a legal case by creating an official record of the abuse.

Why Legal Representation Matters

Nursing home abuse cases are often emotionally charged and legally complex. Facilities may deny wrongdoing, hide records, or argue that injuries resulted from a resident’s pre-existing condition.

That’s why having experienced legal guidance can make a significant difference. Lawyers know how to investigate nursing home abuse claims, gather documentation, and build a case that stands up in court. They work closely with medical experts, witnesses, and families to ensure each case receives the attention it deserves.

Conclusion

If you suspect that a loved one has been mistreated in a Massachusetts nursing home, you don’t have to navigate this alone. Knowing who can file a lawsuit—and what the process involves—is the first step in seeking justice and accountability.

Whether you’re a family member, guardian, or concerned advocate, it’s important to act quickly and consult with an attorney who focuses on personal injury and elder abuse cases. The right legal action can help protect not just your loved one, but other residents who may be at risk. 

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating claims against Massachusetts nursing homes can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.


Still have questions?

Call now and be done