Planning for Life

Brookline Nursing Home Subject to 93A Claim

Posted by Harry S. Margolis on April 24, 2018

By Harry S. Margolis


The U.S. District Court for Boston has ruled that the estate of a deceased resident of the Brookline Health Care Center (BHCC) can pursue its claim that the facility violated the Consumer Protection Act, often referred to by its statutory reference, 93A.

Sarah Theresa Libby died after choking at BHCC on May 7, 2014. This occurred "when she was left unsupervised to eat in the dayroom of the nursing home in which she resided." Mrs. Libby's estate brought suit for wrongful death in Estate of Sarah Theresa Libby v. Park Marion and Vernon Streets Operating Company (U.S. Dist. Ct. Boston, C.A. No. 17-10843-JGD) for negligence and violation of the Consumer Protection Act. The 93A claim carries with it the threat of treble damages and the facility being responsible for the plaintiff's legal fees.

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Topics: assisted living, nursing homes

Assisted Living Facilities Are Subject to Landlord Tenant Law

Posted by Harry S. Margolis on October 26, 2017

By Harry S. Margolis


Assisted living facilities often require that new residents pay a one-time "community fee" as well as last month's rent before moving in. A resident of one of Benchmark Senior Living's 29 facilities in Massachusetts recently sued the company alleging that this practice violates protections for tenants. Benchmark responded that as an assisted living facility it is not subject to the same rules. This has long been a claim of the assisted living industry, and it was refuted by the judge in this case.

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Topics: assisted living, assisted living regulations

6 Stories Tell the Unpredictability and Challenges of Aging

Posted by Harry S. Margolis on August 4, 2015

By Harry S. Margolis

John Leland, reporter for The New York Times has been following six elderly New Yorkers this year as they face the challenges of aging. In some ways, New York is an ideal place to get old since services are easy to come by -- for instance, groceries and restaurants deliver. But in others, we learn, New York creates its own difficulties. Let's meet the six older New Yorkers.

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Topics: long-term care planning, growth of elderly population, assisted living

Assisted Living Keeps Growing in Massachusetts

Posted by Harry S. Margolis on May 5, 2015

By Harry S. Margolis

I recently heard a presentation by Michael Banville, acting president of the Massachusetts Assisted Living Facilities Association (MassALFA), in which he provided information about trends in the assisted living industry in Massachusetts, including the following:

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Topics: assisted living

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