The Nursing Home Law Center is committed to providing the legal resources necessary to hold negligent facilities accountable.
Milwaukee Nursing Home Abuse Lawyer
Elder abuse is a serious and growing concern for families in Milwaukee and across Wisconsin. As nursing home residents entrust their safety, health, and well-being to these facilities, the expectation is that they will receive adequate care and live in a safe environment.
Unfortunately, cases of nursing home abuse are increasingly reported, leaving families devastated and elder abuse victims suffering long-lasting impacts.
Taking legal action can help hold the responsible nursing home facility accountable and help prevent similar incidents from occurring. An experienced Milwaukee nursing home neglect lawyer can guide you or your family members through every step of the legal process, from case investigation to pursuing justice in civil court.
Why Hire Nursing Home Law Center
At Nursing Home Law Center, our nursing home abuse attorneys are dedicated to securing fair compensation for victims of nursing home abuse. Our skilled legal team has an established record of handling these sensitive cases and achieving impactful settlements and verdicts.
We conduct comprehensive investigations to cover all forms of abuse, ensuring that medical costs, emotional suffering, and other damages are thoroughly addressed. With extensive experience in nursing home abuse claims, we handle the legal process effectively and are relentless in protecting your rights and holding the nursing home accountable.
Types of Cases Handled by Our Milwaukee Nursing Home Abuse Lawyers
Nursing home abuse encompasses any form of harm inflicted upon residents by caregivers or staff members within a nursing facility. Abuse can take many forms, each of which severely impacts the well-being and dignity of vulnerable residents.
Our Wisconsin nursing home abuse attorneys handle a wide range of nursing home abuse cases, ensuring that all instances of mistreatment, from physical abuse to wrongful death, are addressed with the utmost diligence.
Physical Abuse
Physical elderly abuse refers to any intentional act that causes bodily harm to a nursing home resident, including actions like hitting, pushing, or kicking. This abuse also includes the improper use of restraints, which can inflict both physical injuries and emotional trauma.
Mental and Emotional Abuse
Mental abuse occurs when staff members use threats, insults, isolation, or other psychologically harmful tactics to manipulate or cause emotional distress to residents.
Sexual Abuse
Sexual abuse in nursing homes includes any unwanted sexual contact, harassment, or sexual assault on residents. This type of elder abuse is particularly traumatic, leaving victims and their families devastated. Sexual abuse may lead to sexually transmitted diseases.
Medical Malpractice
Medical malpractice in nursing homes involves failing to provide essential medical care, such as preventing or treating bedsores, administering medications correctly, or addressing serious health needs.
Negligence
Nursing home negligence occurs when nursing home staff fail to provide basic care for residents. This may include inadequate personal hygiene, lack of proper nutrition leading to malnutrition and dehydration, or situations where residents leave the facility unsupervised (elopement).
Financial Abuse
Financial abuse involves the unauthorized use of a resident’s funds or assets. This could include altering bank accounts, forging checks, or coercing the resident to make financial decisions that benefit the abuser. Families might notice unusual financial transactions, missing personal items, or unexpected changes to their loved one’s estate.
Wrongful Death
Nursing home wrongful death occurs when elder neglect or abuse directly contributes to a resident’s passing, often leaving families grieving and seeking justice.
Our Milwaukee nursing home abuse lawyers work tirelessly in wrongful death cases, pursuing accountability and compensation for families who have lost a loved one due to unacceptable conditions and treatment in nursing homes.
Understanding Your Legal Rights
Milwaukee’s nursing home residents are protected under federal and state laws that establish their rights to safe, respectful, and adequate care.
The Nursing Home Reform Act of 1987 is a pivotal federal law that mandates a standard of care for all nursing homes receiving Medicare and Medicaid funding. This Act outlines residents’ rights to live free from abuse, neglect, and exploitation and to obtain appropriate medical, personal, and social care.
In Wisconsin, additional protections are established under the Wisconsin Administrative Code, which mandates nursing home facilities provide an environment free of abuse, neglect, and financial exploitation. Wisconsin law also outlines specific responsibilities that nursing home facilities and their staff must follow to protect residents’ health, safety, and personal rights.
Eligibility to File a Claim
If the resident cannot represent themselves, a family member, legal guardian, or a designated power of attorney may file a claim on their behalf. In cases where abuse results in wrongful death, the resident’s estate representative can bring forward a claim to seek justice and compensation on behalf of the family.
Liability in Nursing Home Neglect and Abuse Cases
In Wisconsin nursing home neglect and abuse cases, liability may fall on multiple parties, as many individuals and entities are responsible for ensuring the safety and well-being of residents. Each case is unique, and identifying the responsible parties is crucial for securing justice and fair compensation for the harm suffered.
- Nursing Home Facility: The facility can be held accountable for failing to provide a safe environment or for inadequate hiring, training, or supervision practices. If understaffing, poor training, or a lack of oversight contributes to elder abuse or neglect, the nursing home can be directly liable.
- Staff Members: Individual caregivers, nurses, or aides may be liable if they engage in physical abuse, neglect, emotional abuse, or financial exploitation of residents. In these cases, the staff members’ actions directly impact the safety and well-being of residents.
- Medical Providers: Physicians or medical staff within the nursing facility may also be liable if they fail to provide appropriate medical care, such as neglecting bedsores, mismanaging medications, or ignoring critical health issues, which can lead to severe harm or death.
- Third-Party Contractors: Some nursing homes outsource services like food, cleaning, or physical therapy to third-party companies. If these contractors fail to meet safety standards or abuse residents, they can be held accountable for contributing to a harmful environment or nursing home neglect.
- Facility Owners and Administrators: Owners and administrative staff are responsible for setting policies, ensuring compliance with laws, and providing sufficient resources. If poor facility management or budget cuts compromise resident safety, these individuals may be liable for harm.
How Our Milwaukee Nursing Home Abuse Attorneys Can Help
Our team of Wisconsin nursing home abuse attorneys at Nursing Home Law Center is committed to seeking compensation for residents and their families. Our attorneys understand the complexities of these cases and are well-versed in both federal and Wisconsin laws designed to protect Milwaukee nursing home residents from abuse.
We strive to hold nursing facilities accountable through dedicated advocacy and ensure families receive the compensation they deserve. Here’s how our team can assist you:
Free Case Evaluation
We start with a free consultation to discuss your concerns, review the details of the potential nursing home abuse, and assess your legal options. This initial case evaluation allows us to understand your case’s specifics and provide insight into possible next steps—all at no cost to you.
Case Investigation
Our nursing home abuse attorneys conduct a thorough investigation to gather evidence, including medical records, witness statements, and facility reports from Milwaukee nursing homes. By meticulously reviewing each aspect of the case, we aim to uncover any violations or failures in care that contributed to your loved one’s suffering.
Filing the Claim
Once we have established a strong foundation for your case, our nursing home abuse lawyers handle all aspects of filing the claim. This process involves completing the necessary legal documentation, meeting court deadlines, and ensuring that the claim complies with Wisconsin law.
Settlement Negotiation
We can often negotiate directly with the nursing home or their insurance provider to reach a fair settlement. Our nursing home abuse attorneys are experienced in negotiating favorable terms that address the full extent of your loved one’s damages, including medical expenses, emotional trauma, and other losses related to the abuse.
Trial Representation
Our nursing home abuse lawyers are prepared to take your case to court if a fair settlement cannot be reached. We provide experienced trial representation, advocating fiercely for justice and compensation. With our commitment and legal skills, we aim to hold the responsible parties accountable and secure a favorable outcome for you and your family.
Common Signs of Elder Abuse Among Nursing Home Residents
There are 53 Medicare-approved Milwaukee nursing homes, and many of these facilities are struggling with their overall ratings and inspections.
Specifically, 37 of these homes, or 70%, have received an overall rating of below or much below average. Health inspections are a critical concern, as 41 facilities, or 77%, scored poorly in this category. Staffing levels also present challenges, with 27 nursing homes (51%) receiving below-average ratings. Twenty nursing homes (4.3%) received low ratings in quality measures. [1]
Recognizing signs of nursing home negligence or abuse is essential for family members who wish to protect their elderly loved ones.
- Unexplained injuries, such as bruises, broken bones, burns or cuts
- Emotional withdrawal
- Exhibiting signs of mental pain, such as rocking back and forth, avoiding eye contact, or showing unusual agitation
- Sudden weight loss or signs of malnutrition and dehydration
- Financial irregularities
- Unexplained behavioral changes
- Frequent infections or bedsores
The worst-rated nursing homes in Milwaukee include:
Aria of Brookfield | Aria of Waukesha |
Autumn Lake Healthcare at Greenfield | Bradley Estates Nursing and Rehab LLC |
CCC of Pewaukee | Chi Franciscan Villa |
Crossroads Care Center of Milwaukee | Edenbrook Lakeside |
Franciscan Woods | Heritage Square Health Care Center |
Kensington Care and Rehab Center | Lindengrove New Berlin |
Lindengrove Waukesha | Maple Ridge Health Services |
Maplewood Center | Medical Suites at Oak Creek (The) |
Menomonee Falls Health Services | Mercy Health Services |
Silver Springs Health Care Center | St Anne’s Salvatorian Campus |
Sunrise Health Services | Virginia Highlands Care and Rehab LLC |
Waterfall Health of Brown Deer | Wheaton Franciscan HC – Terrace at St Francis |
Willowcrest Health Services |
What to Do If You Suspect Nursing Home Abuse
If you suspect your loved one is experiencing abuse or neglect in their nursing home, taking immediate action is essential to ensure their safety and well-being. Here are the steps to follow:
Call 911 if There Is Immediate Danger
If you believe your loved one is in immediate danger or has suffered severe physical harm, contact 911 right away. Emergency responders can provide immediate assistance, ensuring your loved one’s safety and documenting any physical signs of abuse or attempted sexual assault.
Report to the Nursing Home Administrator or Management
Notify the nursing home administrator or management about your concerns. This step allows the facility to investigate the situation internally and address staff misconduct or safety issues. Request that they document your report and follow up on the actions to resolve the problem.
File a Complaint with Your Local Ombudsman’s Office
The local Ombudsman’s office serves as an advocate for nursing home residents, investigating complaints of abuse, neglect, and other issues. Filing a complaint with the Ombudsman helps ensure that your loved one’s rights are protected, and they will often conduct an independent investigation to address your concerns.
Contact a Nursing Home Abuse Lawyer
Consulting a Milwaukee nursing home neglect lawyer is a critical step in protecting your loved one’s rights. An experienced attorney can help investigate the abuse, gather evidence, and guide you through the legal process to hold the responsible parties accountable.
Damages You Can Recover Through a Nursing Home Abuse Claim
In elder abuse cases, families have the right to seek compensation to address the harm done to their loved ones. Here’s an overview of the different types of damages you can pursue in a Milwaukee nursing home abuse case:
Economic Damages
Economic damages are intended to cover quantifiable financial losses related to the abuse or neglect. Examples include medical expenses for treatment, hospitalization, rehabilitation, and physical therapy. If the abuse resulted in additional care costs or if the family had to move their loved one to a different facility, these expenses can also be recovered.
Non-Economic Damages
Non-economic damages compensate for the emotional and psychological suffering caused by the abuse. These may be included in cases involving psychological abuse.
This may include compensation for mental anguish, emotional distress, loss of enjoyment of life, and the pain and suffering endured by the resident. Since non-economic damages are more subjective, they often require skilled representation to accurately convey the impact of the abuse.
Punitive Damages
Punitive damages are awarded in cases where the abuse was especially malicious, intentional, or reckless. These damages are meant to punish the responsible parties and deter similar behavior in the future.
Wrongful Death Damages
Damages in wrongful death cases may include funeral and burial expenses, loss of companionship, loss of financial support, and other economic and noneconomic losses suffered by the family. Wrongful death damages provide a means for families to seek financial relief for their profound loss.
The Cost of Hiring a Milwaukee Nursing Home Abuse Lawyer
At Nursing Home Law Center, we understand that financial concerns shouldn’t stand in the way of seeking justice for nursing home abuse. That’s why we operate on a contingency fee basis—meaning you pay no upfront fees. Instead, our fees are only collected if we recover compensation for you and your family.
You Have Limited Time to Take Legal Action in Milwaukee
If you suspect nursing home abuse or neglect, it’s essential to act quickly due to Wisconsin’s statute of limitations. In Milwaukee, families generally have three years from the date of the abuse or discovery of harm to initiate a nursing home abuse lawsuit.
Contact a Milwaukee Nursing Home Abuse Attorney Today!
With extensive experience in nursing home abuse cases, Nursing Home Law Center is dedicated to protecting the rights of Milwaukee residents and their families. Our skilled attorneys offer compassionate support, in-depth knowledge of Wisconsin law, and a commitment to securing justice and fair compensation.
Contact us today for a free consultation and take the first step in safeguarding your loved one’s rights and well-being.
Call us at (800) 926-7565, or fill out our contact form
References: [1] Medicare