Kenosha Nursing Home Abuse Lawyer

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. 

Why Hire Nursing Home Law Center

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.

Types of Cases Handled by Our Kenosha Nursing Home Abuse Lawyers

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.

Physical Abuse

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.

Mental and Emotional Abuse

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.

Sexual 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

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.

Negligence

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.

Financial Abuse

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.

Wrongful Death

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.

Understanding Your Legal Rights

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. 

Federal Protections: The Nursing Home Reform Act of 1987

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:

• Provide services that enhance each resident’s quality of life and well-being
• Maintain dignity, privacy, and freedom from abuse and neglect
• Develop comprehensive care plans tailored to individual residents’ health needs
• Prevent unnecessary restraints or medication use for convenience rather than medical necessity

Violations of these provisions are grounds for legal action, especially when a facility’s failure harms the resident.

Wisconsin-Specific Laws

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:

• Adequately staff their facilities to meet residents’ needs
• Provide prompt medical attention and appropriate care
• Prevent abuse and neglect, including monitoring for safety concerns like elopement or injuries caused by medical staff

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.

Eligibility to File a Claim 

Claims for nursing home abuse or neglect can be filed by:

• The nursing home abuse victim, if mentally and physically capable, can pursue legal action.
• A family member or legal guardian acting on behalf of the resident if they cannot represent themselves due to illness, cognitive decline, or other disabilities.
• The estate or representative of the resident in cases of wrongful death resulting from the hospital’s failure to provide appropriate care.

Liability in Nursing Home Neglect and Abuse Cases 

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

Nursing facilities themselves are often liable for abuse and neglect. This liability may occur if the facility:

• Fails to screen, train, or supervise staff members properly;
• Operates with inadequate staffing levels, leading to neglect of residents’ needs;
• Fails to address safety concerns, such as hazardous conditions or unmonitored exits.

When a facility’s failure to uphold its duty of care results in harm to a resident, it can be held legally accountable.

Staff Members

Individual staff members may be liable if they engage in abusive actions or fail to meet a resident’s basic needs. Examples include:

• A caregiver physically assaulting a resident
• A nurse neglecting to provide necessary medications or treatments
• A staff member engaging in verbal or emotional abuse

Staff members have a professional responsibility to ensure residents’ health and safety. When they breach this duty, they can be personally held accountable.

Administrators and Supervisors

Facility administrators and supervisors may also bear liability if their management practices contribute to abuse or neglect. For instance:

• Failing to respond to complaints of abuse
• Ignoring reports of safety violations or poor care
• Overworking staff and creating unsafe conditions for residents

Leaders in nursing homes must maintain policies that prioritize residents’ health. Neglecting this responsibility can make them liable for resulting harm.

Third-Party Contractors

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:

• A visiting physician prescribing the wrong medication
• Contractors who failed to repair faulty equipment that injured a resident

Other Residents

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.

How Our Kenosha Nursing Home Abuse Attorneys Can Help

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.

Free Case Evaluation

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.

Case Investigation

Our legal team conducts a thorough investigation to uncover the facts surrounding the abuse or neglect. This process includes:

• Reviewing medical records to identify signs of neglect or mistreatment
• Interviewing witnesses, such as other residents or staff
• Gathering photographic evidence of injuries, unsafe conditions, or other indicators of negligence

Filing the Claim

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.

Settlement Negotiation

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.

Trial Representation

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.

Common Signs of Elder Abuse Among Nursing Home Residents 

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:

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:

• Unexplained injuries such as bruises, cuts, burns, or broken bones
• Frequent visits to the hospital without a clear explanation
• Signs of poor hygiene, including unwashed skin, soiled clothing, or untrimmed nails
• Unusual withdrawal or depression, especially if the resident was previously social and engaged
• Sudden agitation or fearfulness around certain staff members or other residents
• Frequent crying, mood swings, or signs of anxiety
• Weight loss or malnutrition, possibly due to insufficient meals or lack of proper dietary accommodations
• Dehydration or dry, cracked skin, which may suggest a lack of access to water
• Infections or untreated medical issues, indicating inadequate medical attention
• Bruising or bleeding in sensitive areas
• Torn or stained undergarments
• Missing personal items, such as jewelry or cash
• Changes to legal documents, such as a power of attorney or will, without the resident’s knowledge
• Bills going unpaid despite sufficient funds
• Reduced communication with family members due to staff interference

What to Do If You Suspect Nursing Home Abuse

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:

Call 911 if There is Immediate Danger

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.

Report to the Nursing Home Administrator or Management

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.

File a Complaint with Your Local Ombudsman’s Office

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.

Contact an Elder Abuse Lawyer

Consulting a Kenosha elder abuse lawyer is a critical step in protecting your loved one’s rights. An experienced attorney can:

• Advise you on your legal options
• Investigate the abuse and gather evidence
• File a claim against the responsible parties to seek compensation for your loved one’s injuries and suffering

Damages You Can Recover Through a Nursing Home Abuse Claim

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:

Economic damages

These damages cover measurable financial losses directly resulting from the abuse or neglect, such as:

• Medical expenses: Costs for hospital visits, treatments, surgeries, medications, and ongoing care due to injuries or illnesses caused by the abuse.
• Relocation costs: Expenses related to moving the resident to a safer nursing home or care facility.
• Lost assets: Financial losses from theft or exploitation, such as stolen money or unauthorized changes to financial accounts.

Non-economic damages

Non-economic damages address the emotional and physical suffering caused by abuse or neglect. These are more subjective but equally important, including:

• Pain and suffering: Compensation for the physical pain endured from injuries, bedsores, or neglect.
• Emotional distress: Damages for anxiety, depression, or trauma caused by abuse or mistreatment.
• Loss of enjoyment of life: Compensation when abuse diminishes a resident’s ability to participate in activities or enjoy life.

Punitive damages

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.

Wrongful death 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:

• Funeral and burial expenses: Compensation for the costs of laying the loved one to rest.
• Loss of companionship: Damages for the emotional loss of a loved one.
• Lost financial support: Compensation for any monetary contributions the deceased would have provided.

The Cost of Hiring Kenosha Nursing Home Abuse Lawyers

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.

You Have Limited Time to Take Legal Action in Kenosha

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:

• Delayed discovery: In some cases, the abuse may not be immediately apparent, and the deadline may start when the harm is discovered.
• Wrongful death claims: Different deadlines may apply for claims related to a loved one’s death caused by neglect or abuse.

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.

Contact a Kenosha Nursing Home Abuse Attorney Today!

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