Assisted living facilities are meant to be places of safety and care for elderly residents who can no longer live independently. Unfortunately, not all nursing centers provide the quality of care their residents deserve.
Incidents of nursing home abuse and neglect have become an alarming issue, leaving countless families struggling to protect their loved ones and ensure their well-being.
If you suspect your loved one has suffered in a Kenosha nursing home, contacting an experienced nursing home abuse lawyer is a critical first step. These legal professionals work to hold negligent nursing facilities accountable, seek compensation for damages, and ensure the safety of other residents.
At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for individuals affected by nursing home abuse. Our Wisconsin nursing home abuse attorney team has a strong history of handling cases involving nursing home negligence and achieving meaningful settlements and verdicts for our clients.
We address every aspect of the abuse, including medical costs, psychological harm, and other damages suffered. With our extensive knowledge of nursing home abuse claims, we tackle the legal challenges effectively, working relentlessly to defend your rights.
Nursing home abuse refers to any intentional or negligent act that causes harm or distress to an elderly resident. This mistreatment can take many forms, from physical violence to neglect of basic needs, and it often has devastating consequences for victims and their families.
Our Kenosha nursing home lawyers handle a wide range of abuse and neglect cases, working tirelessly to hold assisted living facilities accountable for their failures.
Elder physical abuse involves any intentional act of violence or harm directed toward a nursing home resident. Examples include hitting, slapping, shoving, or inappropriate use of physical restraints, such as tying a resident to their bed or wheelchair.
Such acts violate the rights and dignity of residents and demand immediate legal action. Signs of physical abuse may include unexplained bruises, broken bones, or other injuries.
Emotional and mental abuse occurs when caregivers inflict psychological harm through verbal threats, humiliation, intimidation, or isolation. Examples include yelling at residents, mocking their disabilities, or deliberately ignoring their needs.
This type of abuse can lead to depression, anxiety, and a significant decline in a resident’s overall health. Families should be alert to changes in a loved one’s mood or behavior, as these could indicate emotional abuse.
Elder sexual abuse is a deeply disturbing violation involving any unwanted or non-consensual sexual contact with a nursing home resident. This type of abuse includes acts such as inappropriate touching, forced sexual acts, or even exposing a resident to explicit materials without their consent.
Victims may be unable to report such incidents due to cognitive impairments or fear of retaliation, making it critical for family members to look for signs such as unexplained injuries or sudden changes in demeanor.
Medical malpractice in assisted living facilities occurs when staff fail to provide the proper medical care required to maintain a resident’s health. Common examples include untreated bedsores (pressure ulcers), incorrect medication dosages, or failure to monitor chronic conditions. These failures can result in significant harm or even life-threatening conditions.
Neglect is a form of abuse where nursing home staff fail to meet a resident’s basic needs, such as hygiene, nutrition, hydration, or supervision.
Negligence could include leaving residents in soiled clothing, failing to provide enough food or water, or allowing residents to wander unsupervised (elopement). Such neglect puts the resident’s health and safety at risk and is a severe breach of the facility’s duty of care.
Elder financial abuse happens when someone takes advantage of a resident’s finances or assets without their consent. This type of abuse can include stealing money or valuables, forging signatures on checks, or coercing the resident into changing a will or power of attorney.
Elderly patients are particularly vulnerable to such exploitation, especially if they suffer from cognitive impairments like dementia.
When nursing home abuse or neglect leads to the death of a resident, families may pursue a wrongful death claim. These cases often arise from severe neglect, such as untreated medical conditions, malnutrition, or injuries caused by physical abuse.
Losing a loved one due to the hospital’s failure to provide proper care is a heartbreaking experience, and our legal team is here to help families seek justice and accountability.
Nursing home residents are entitled to live in safe environments where their dignity, health, and well-being are respected. Both federal and state laws safeguard the rights of nursing home patients, ensuring they receive proper care and protection from abuse and neglect. When these rights are violated, families and legal representatives can take action.
The Nursing Home Reform Act of 1987 established nationwide standards for nursing home care to protect residents from elder abuse. This federal law mandates that nursing homes receiving Medicare or Medicaid funding must:
Violations of these provisions are grounds for legal action, especially when a facility’s failure harms the resident.
Wisconsin laws also protect nursing home patients. Under Wisconsin Statutes Chapter 50, nursing homes must comply with strict licensing and operational standards to ensure the safety and health of residents. The law requires that nursing centers:
State regulations also give families the right to file complaints with the Wisconsin Department of Health Services, which investigates allegations of elder abuse. These investigations can be critical to building a legal case against negligent facilities.
Claims for nursing home abuse or neglect can be filed by:
When nursing home abuse or neglect occurs, multiple parties may be held responsible for the harm caused. Establishing liability in elder abuse cases requires thorough investigation and evidence collection.
Our nursing home neglect lawyers work diligently to identify and hold all responsible parties accountable for their actions, helping families achieve justice for their loved ones.
Nursing facilities themselves are often liable for abuse and neglect. This liability may occur if the facility:
When a facility’s failure to uphold its duty of care results in harm to a resident, it can be held legally accountable.
Individual staff members may be liable if they engage in abusive actions or fail to meet a resident’s basic needs. Examples include:
Staff members have a professional responsibility to ensure residents’ health and safety. When they breach this duty, they can be personally held accountable.
Facility administrators and supervisors may also bear liability if their management practices contribute to abuse or neglect. For instance:
Leaders in nursing homes must maintain policies that prioritize residents’ health. Neglecting this responsibility can make them liable for resulting harm.
Nursing homes often rely on external contractors, such as medical professionals or maintenance workers. These parties can share liability if their actions or negligence contribute to a resident’s harm. Examples include:
In some cases, other patients may harm those living in the facility. Nursing homes can be liable for failing to protect residents from such incidents, particularly if they neglect supervision or fail to address known behavioral issues.
At Nursing Home Law Center, our experienced nursing home neglect lawyers are dedicated to helping families seek justice for their loved ones. With a proven track record in handling elder abuse cases, we understand the legal and emotional challenges these cases present.
Our team is here to provide the guidance, support, and representation you need to hold negligent nursing centers accountable.
We begin with a free, no-obligation consultation to understand the details of your case. During this evaluation, we’ll review the evidence of abuse or neglect, discuss your legal options, and provide insights into the potential next steps. This initial consultation ensures you have the information needed to make an informed decision about pursuing a claim.
Our legal team conducts a thorough investigation to uncover the facts surrounding the abuse or neglect. This process includes:
Once the investigation is complete, we’ll prepare and file a formal claim against the responsible parties. This process involves drafting legal documents, submitting evidence, and complying with all procedural requirements under Wisconsin regulations. Our attorneys handle all aspects of the filing process to ensure your claim proceeds smoothly and efficiently.
Many nursing home abuse cases are resolved through settlements. Our attorneys will negotiate with the nursing facility, insurance providers, or legal representatives to secure a fair compensation package.
In cases where a fair settlement cannot be reached, our attorneys are prepared to take your case to trial. We have extensive experience in the courtroom and will present a compelling argument on your behalf. We aim to secure a favorable verdict that holds the negligent facility accountable and provides the compensation your family deserves.
There are 28 Medicare-certified nursing homes in Kenosha, but a significant portion of these facilities fall short in critical performance areas.
Among them, 75% (21 out of 28) have received an overall rating of below or much below average. Health inspections also show concerning results, with 20 nursing centers (71.4%) scoring below average in this category, highlighting potential safety concerns and compliance issues.
Staffing levels, a critical factor in preventing neglect, are rated below average in 19 nursing centers (67.8%), suggesting many may lack adequate personnel to meet residents’ needs. 39.2% (11 out of 28) scored below average in quality measures, indicating subpar standards in critical care areas like managing resident health and well-being. [1]
The worst-rated nursing homes in Kenosha include:
| Allure of Zion | Burlington Health and Rehabilitation Center |
| Chi Franciscan Villa | Claridge Healthcare Center |
| Clairidge House | Crossroads Care Center of Kenosha |
| Grande Prairie Care and Rehab Ctr LLC | Grove at the Lake, the |
| Libertyville Manor Ext Care | Manor of Kenosha (the) |
| Medical Suites at Oak Creek (the) | Sheridan Health and Rehabilitation Center |
| The Terrace | Thrive of Lake County |
| Waters Edge Health and Rehabilitation Center | Willowcrest Health Services |
Recognizing the signs of elder abuse in nursing homes is essential to protecting your loved one. Such mistreatment can manifest in various ways, and being alert to these warning signs may help prevent further harm. Below are some common indicators to watch for:
If you believe your loved one is a victim of nursing home abuse, taking prompt and decisive action is essential to protect them and hold the responsible parties accountable. Follow these steps to address the situation:
If your loved one is in immediate danger or needs urgent medical attention, contact emergency services. Law enforcement and medical professionals can ensure their safety and document the situation, which may be critical for future legal action.
Notify the facility’s administrator or management team about your concerns. Nursing centers are required by law to investigate and address complaints of abuse or neglect. Be sure to document your report in writing and request a copy for your records.
Ombudsmen advocate for nursing home patients, working to address complaints and uphold their rights. Contacting the Ombudsman’s office can initiate an investigation into the facility and provide additional support for your loved one. You can locate your local Ombudsman’s office through your state’s Department of Aging or related agency.
Consulting a Kenosha elder abuse lawyer is a critical step in protecting your loved one’s rights. An experienced attorney can:
If your loved one has suffered from nursing home abuse or neglect, filing a legal claim can help recover damages to address the harm they endured. These damages are designed to compensate for the physical, emotional, and financial losses caused by the abuse and to hold the nursing facility accountable. Here are the types of damages that may be recoverable:
These damages cover measurable financial losses directly resulting from the abuse or neglect, such as:
Non-economic damages address the emotional and physical suffering caused by abuse or neglect. These are more subjective but equally important, including:
Punitive damages may be awarded in cases involving especially egregious or intentional misconduct. These damages are designed to punish the offenders and serve as a deterrent to prevent similar behavior in the future. For instance, a facility knowingly failing to address repeated abuse reports may face punitive damages.
If nursing home abuse or neglect results in a resident’s death, the family may file a wrongful death claim. Damages in these cases may include:
At Nursing Home Law Center, we understand that the financial burden of pursuing legal action may concern families. To ease this worry, we work on a contingency fee basis. This arrangement means you pay no upfront legal fees, and we only receive payment if we successfully recover compensation on your behalf.
If you suspect nursing home abuse or neglect, it’s essential to act quickly. Wisconsin laws impose a statute of limitations, limiting the time you have to file a legal claim. In most cases, you have three years from the date of the incident or discovery of the harm to take legal action.
Failing to file a claim within this timeframe could result in losing your right to seek compensation, regardless of the severity of the abuse or neglect. However, certain circumstances may affect this timeline, such as:
It’s critical to consult a Kenosha elder abuse lawyer as soon as possible to protect your legal rights. An attorney can help ensure your claim is filed within the statute of limitations and guide you through the process of seeking justice for your loved one.
At Nursing Home Law Center, our experienced legal team is dedicated to advocating for victims of nursing home abuse and neglect. With a proven track record in handling nursing home abuse cases, we understand the challenges families face and work tirelessly to seek justice and compensation for their loved ones.
Our law firm is committed to holding negligent nursing facilities accountable and ensuring the safety and dignity of elderly residents. If you suspect your loved one has suffered abuse or neglect in a Kenosha nursing facility, don’t wait to take action. Contact our skilled Kenosha nursing home neglect attorneys for a free case evaluation.
Call us at (800) 926-7565 or fill out our contact form.
References: [1] Medicare