3.31.2022

Medical Malpractice Attorney Confronts Nursing Home Negligence

Lubin & Meyer's Robert M. Higgins was featured in the recent Best Lawyers: The Injury & Malpractice Issue, in an article on litigating claims of nursing home abuse and neglect. The article, When Neglect Turns Fatal, discusses the challenges of patients who are immobile or suffering from dementia, limits on damage awards, and proposals for meaningful change.

The article, by Justin Smulison, highlights a recent nursing home settlement Higgins obtained on behalf of the family of a nursing home patient in Massachusetts who was strangulated when he became entangled between the bed and the bed rails. Higgins achieved a $2 million settlement in the wrongful death case. Details of the settlement are available at the link below.

Improper bed rails at nursing home results in death of 84-year-old man from strangulation


article on nursing home neglect
Quoted in the magazine, Higgins said, "The facility had already violated numerous regulations regarding [its] use of bed rails. They were warned about the existing danger and simply did nothing to address the issue. They put people into beds with ill-fitting side rails, creating very dangerous situations for the patients." 

The article reports that state officials had found that 173 of the 176 beds in the nursing home had improper bed rails.

"This is not a case you see every week," said Higgins, "but poor healthcare for the elderly, unfortunately, happens more than it should. Our elderly population is extremely vulnerable. It is critical that we expose and correct problems in the care they receive, making condition safer and more reliable for the next family that puts a loved on into a nursing home."

Five attorneys at Lubin & Meyer were listed in the publication's directory as having received the Best Lawyers® designation in Massachusetts for medical malpractice law and personal injury litigation.

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