Massachusetts

• 3 years with Discovery Rule. (Mass. Ann. Laws Ch. 260, §2-A – Tort, contract to recover for personal injuries, and replevin actions)
• Medical malpractice – 3 years with Discovery Rule, but no more than 7 years after the alleged act or omission. (Mass. Ann. Laws Ch. 260,§4 – Certain tort or contract actions for malpractice, error or mistake)

• Noneconomic damages are capped at $500,000, with exceptions for proof of substantial disfigurement or permanent loss or impairment, or other special circumstances (substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstance) which warrant a finding that imposition of such limitation would deprive the plaintiff of just compensation for the injuries sustained. (Mass. Ann. Laws Ch. 231, §60H – Limitation of damages for pain and suffering)

• 3 years with Discovery Rule. (Mass. Ann. Laws Ch. 229, §2 – Wrongful death; damages)

• Punitive damages - Minimum of $5,000 for willful or grossly negligent conduct resulting in death. (Mass. Ann. Laws Ch. 229, §2 – Wrongful death; damages)

• Massachusetts Department of Public Health
• Health and Human Services, Nursing Homes
• Adult Protective Services
• Long Term Care Ombudsman
• Assisted Living Ombudsman
• Executive Office of Elder Affairs

• Abuse of Elderly Persons – (Mass. Gen. Laws Chpt. 19A, §§14-26)

• Centenarian Murdered At Nursing Home With Troubled Past

Authorities are investigating the strangulation death of a 100 year-old patient at Brandon Woods Long Term Care.  According to early reports, Elizabeth Barrow was strangled by her roommate possibly in retaliation for her receiving 'too many visitors'.  

While we learn more about the specifics of this tragedy, it now appears that this Massachusetts Nursing Home has a poor track record of providing quality patient care.  According to state nursing home surveys Brandon Woods scored in the lowest quarter based on factors relating to: cleanliness, quality and safety.

• Despite Admission Of Nurse He Assaulted Nursing Home Resident; Civil Case Against Nursing Home Remains Up For Grabs

Although Steven Laroche, a certified nursing assistant at a Massachusetts nursing home, admitted to committing an indecent assault on a 93-year-old resident at the facility where he works, the outcome of the civil lawsuit against the nursing home remains uncertain. 

The daughter of the unidentified nursing home resident, filed a civil lawsuit against St. Joseph's Manor six months after the criminal assault occurred.  The lawsuit against the nursing home is based on breach of contract and malpractice for the acts committed by Laroche on her father.  The elderly man suffered from Parkinson's disease and dementia.

• Court Determines That Nursing Home Corporation Can't Be Criminally Prosecuted For Employees' Negligent Conduct

The collective negligence of multiple nursing home employees does not impute criminal conduct on the part of the corporate owner according to a recent ruling made the Supreme Judicial Court-- the highest court in Massachusetts.

The decision stems from the death of a 74-year-old patient at a MA nursing home owned by Life Care Centers of America.  Despite the patient's extensive history with respect to wandering from the facility, the facility failed to take basic precautionary measures that would likely prevented the wheelchair-bound patient from falling down a set of stairs to her death.

• Admissions To Emeritus Assisted Living Facility Suspended After State Finds Problems With Patient Care

For the second time this year, Massachusetts officials have suspended new admissions to an assisted living facility after they discovered problems that could jeopardize patient safety.  Last week, the state's Executive Office of Elder Affairs banned Emeritus at Farm Pond from admitting new patients after multiple deficiencies were discovered during an inspection of the facility.

According to the senior executive director at the facility, Brian Beausoleil,  the concerns centered around: the timing of resident care assessments, management of medication inventory, evaluation of response time to emergency calls and evacuation planning. 

The terms of the suspension require Emeritus to submit a corrective plan as to how the facility will address the violations.