The Kickham Comment - Boston Accident Lawyer Blog
The fatal fire last week at Gabriel House Nursing Home/Assisted Living Facility in Fall River last week, in which 10 residents perished, is a devastating reminder of how vulnerable nursing home residents really are. This truth becomes even more real when staffing shortages are tolerated and patient safety takes second place. At this point, it appears that this awful fire may have been caused by a combustible mix of an oxygen tank and smoking materials, as both were found in a room on the second floor of the facility. The resident in that room perished in the fire, so a 100% confirmation that this is what caused the fire, can presently be made.
Officials have determined the cause of this tragedy “An accident, not intentional.” Is this supposed to comfort the families and friends of the dead and injured? Is this supposed to make families feel relieved? The Fall River Herald News has reported that residents have expressed repeated concerns and worries concerns over low staffing, lack of regular fire drills, elevator operation problems, and insufficient monitoring of personal items that could be potentially flammable. The information obtained so far raises very serious questions of management and ownership oversight and accountability.
Liability for Nursing Home Negligence
Nursing home fires are not rare. Under Massachusetts law, nursing homes and assisted living facilities are required to provide reasonable care for their residents and safeguard their welfare. These standards are codified in https://www.mass.gov/regulations/105-CMR-15000-standards-for-long-term-care-facilities. This is critical, as most residents have serious health issues and don’t possess the mobility that healthy people do. This makes safety paramount to minimize the risk of injury.
Despite rules and regulations, there are several ways that nursing home facilities can fail to provide adequate fire prevention measures. Among them:
- Failing to ensure that the facility has fully operational, automatic fire extinguishing systems in the ceilings and walls.
- Failure to monitor and prevent smoking in the facility – by anyone.
- Failure to ensure that individual fire extinguishers are placed in strategic locations throughout the facility, and that they are tested regularly for proper operation.
- Failure to schedule regular fire safety drills to ensure that everyone knows what to do and where to go, if a fire breaks out.
Who Pays for Damages If People Are Injured In a Nursing Home Fire?
You may want to sit down for this answer: Shockingly, Licensed Nursing homes and Assisted Living Facilities are NOT required by Massachusetts law to purchase and keep in force a commercial policy of liability insurance, to compensate victims of their negligence, whether involving a fire or negligent patient care. As a matter of practicality, however, most nursing facilities do carry such insurance. But the shocking fact that they aren’t required to under law, speaks to one reality: I’ve been a Massachusetts nursing home neglect lawyer for a long time, and I can assure you: The political power of the nursing home industry is considerable: Money talks, and this industry has powerful lobbyists in the Massachusetts Legislature – to protect their interests, not their residents and patients.
If you feel that a loved one or a friend has been the victim of Massachusetts nursing home negligence, we’d be happy to provide a free initial consultation.
When you entrust the care of a loved one to a nursing home or similar facility, they are required by law to uphold a duty of care to ensure that person is cared for appropriately and kept safe while they are living at that facility. These aren’t just words: The mean that all efforts, facility resources and safety measures must always be followed to prevent injuries, whether caused by a fire or any other incident. If the facility fails in this regard, they can be held liable a resident’s or patient’s injuries. And I’m proud to say that I’ve secured large settlements and high compensation from nursing homes, for negligence that caused the death or injury of a patient. If you feel that a loved one or a friend has been the victim of Massachusetts nursing home negligence, we’d be happy to provide a free initial consultation.