Boston Nursing Home Abuse Attorney Dino M. Colucci Addresses Suing Nursing Homes Under the Massachusetts Consumer Protection Law

MILTON, MA - Many Massachusetts families learning about a loved one's mistreatment in a nursing home are surprised to discover that a state consumer protection statute may be a powerful tool for holding the facility accountable. Boston nursing home abuse attorney Dino M. Colucci of Colucci, Colucci & Marcus, P.C. (https://www.coluccilaw.com/blog/can-i-sue-a-nursing-home-under-the-massachusetts-consumer-pr/) is providing guidance on how Chapter 93A of the Massachusetts General Laws applies to nursing home cases and how it works alongside traditional negligence claims.

According to Boston nursing home abuse attorney Dino M. Colucci, Chapter 93A prohibits unfair or deceptive acts or practices by businesses operating in trade or commerce. Because licensed nursing homes charge for room, board, and care services, they generally operate in trade or commerce, which means deceptive admissions promises, fraudulent billing, and certain systemic care failures may be challenged as unfair or deceptive business conduct rather than ordinary negligence alone. "A knowing or willful Chapter 93A violation can result in double or triple the actual damages, along with mandatory attorney's fees for a prevailing plaintiff," Colucci explains.

Boston nursing home abuse attorney Dino M. Colucci notes that the Massachusetts Attorney General's regulations under 940 CMR 4.00 define specific unfair or deceptive practices involving long-term care facilities, including admissions contracts, charges, residents' rights, medical treatment and information, and discharge or transfer practices. Common scenarios that may support a Chapter 93A claim include facilities that guarantee specific nurse-to-resident ratios or therapy programs in marketing materials they never intend to deliver, billing for services that were not actually provided, and chronic understaffing that is concealed behind quality-of-care advertising.

Attorney Colucci emphasizes that a Chapter 93A claim differs from a standard negligence claim in important ways. A negligence claim focuses on breach of the duty of care, while a 93A claim focuses on the business conduct itself. Damages under Chapter 93A may include compensatory amounts plus enhanced damages of two to three times actual damages when the violation is knowing or willful, and the statute requires the court to award reasonable attorney's fees and costs to a prevailing plaintiff. The statute of limitations for a 93A claim is generally four years, while personal injury and malpractice claims may be subject to shorter periods.

"Before filing a 93A lawsuit, the plaintiff must send a written demand letter to the nursing home at least 30 days before filing suit," Matthew Marcus observes. Under Section 9(3) of Chapter 93A, the demand letter must describe the unfair or deceptive conduct, identify the injury or loss, and state the relief demanded. The facility then has 30 days to respond with a settlement offer, rejection, or counteroffer. A bad-faith refusal to grant relief after a proper demand may support enhanced damages at trial, while a reasonable written settlement offer that is rejected may limit recovery.

The firm regularly builds the documentary record needed to support claims under Chapter 93A. Admissions contracts and marketing materials show what the facility promised, billing records reveal charges for services that were never provided, state inspection reports document patterns of regulatory violations, staffing logs expose deliberate understaffing, and medical records confirm injuries such as pressure ulcers, infections, weight loss, or other signs of neglect. Witness statements from family members, former staff, or other residents can corroborate the documentary evidence.

Families across Boston and surrounding communities often pursue Chapter 93A and negligence claims simultaneously in the same action. Doing so allows access to compensatory damages through the negligence theory, plus the possibility of enhanced damages and mandatory attorney's fees through the consumer protection statute. When a resident dies as a result of the facility's conduct, a wrongful death claim may also be combined with the 93A and negligence claims, and the estate's personal representative has standing to file each.

Filing a regulatory complaint with the Massachusetts Attorney General's Consumer Protection Division or the Department of Public Health does not replace a private lawsuit. State investigations may result in enforcement measures against the nursing home, but they do not provide monetary recovery directly to the resident or family. Inspection reports and enforcement orders can, however, serve as supporting evidence in a civil case.

"Acting promptly matters in these cases," Colucci adds. The mandatory demand letter adds procedural time, and overlapping statutes of limitations across negligence, malpractice, wrongful death, and 93A claims mean that delays can permanently limit a family's options. Early consultation with experienced counsel helps preserve evidence, identify every available theory of recovery, and craft a demand letter that positions the family for the strongest possible outcome.

For Massachusetts families weighing whether deceptive practices contributed to a loved one's harm, a careful review of admissions promises, billing records, and state inspection history often reveals patterns that support a Chapter 93A claim alongside traditional negligence and wrongful death theories.

About Colucci, Colucci & Marcus, P.C.:

Colucci, Colucci & Marcus, P.C. is a Milton-based law firm focused on nursing home abuse, personal injury, and civil litigation throughout Massachusetts. Led by founding partner Dino M. Colucci, with partners Darin Colucci and Matthew Marcus, the firm represents residents and families across Boston, Quincy, Braintree, Brockton, and surrounding communities, drawing on decades of courtroom experience and a record of significant results in serious-injury cases. For consultations, call (617) 698-6000.

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