Can You File a Wrongful Death Lawsuit Against a Nursing Home? - Colucci, Colucci & Marcus, P.C.
Note sull'episodio
From Colucci, Colucci & Marcus, P.C. - Can You File a Wrongful Death Lawsuit Against a Nursing Home? explains how Massachusetts law allows families to pursue a wrongful death lawsuit when negligence or abuse in a nursing home leads to a resident’s death. Referencing Massachusetts General Laws Chapter 229, Section 2, the episode outlines who can file a claim, including the executor or administrator of the estate, and highlights common causes such as falls, medication errors, untreated infections, and failures in care plans.
The discussion features Boston personal injury attorney Dino M. Colucci, who represents families across Massachusetts and shares insight into how nursing homes may fail to meet required standards of care. The episode explores federal regulations under 42 CFR Part 483 and state rules under 105 CMR 150.000, emphasizing the importance of individualized care plans, adequate staffing, and proper supervision to prevent harm to vulnerable residents.
Listeners will also gain a clear understanding of how to prove negligence in a wrongful death case, including the four legal elements of duty, breach, causation, and damages. The podcast breaks down key evidence such as medical records, staffing logs, and Massachusetts Department of Public Health inspection reports, while also explaining the medical malpractice tribunal process under G.L. c. 231, § 60B and pre-suit notice requirements under G.L. c. 231, § 60L.
Finally, the episode covers the types of damages available under G.L. c. 229, § 2, including loss of companionship, funeral expenses, and punitive damages, as well as the three-year statute of limitations. With additional perspective from attorneys Darin Colucci and Matthew J. Marcus, the conversation provides practical steps families can take after a nursing home death and explains how legal action can hold negligent facilities accountable across Boston and throughout Massachusetts.
Colucci, Colucci & Marcus, P.C.
424 Adams St #101, Milton, MA 02186, United States
(617) 698-6000