Wisconsin Nursing Home Abuse Lawyer

Nursing home abuse is a deeply concerning issue affecting elderly individuals in assisted living facilities and other retirement communities. 

Families trust these facilities to provide a safe environment and proper care for their elderly loved ones, but unfortunately, abuse and neglect still occur far too often. There are many forms of nursing home abuse, all of which can have devastating consequences for victims and their families.

When abuse or neglect occurs, it’s critical for families to act quickly to protect their elderly loved one and hold the responsible parties accountable. Seeking legal help from an experienced Wisconsin nursing home abuse lawyer is essential. A skilled attorney can investigate the incident, gather evidence, and pursue compensation for the harm caused.

Why Hire Nursing Home Law Center

Our law firm is dedicated to helping victims of elder neglect or abuse obtain justice and secure the compensation they deserve. We have a strong history of successfully handling abuse cases and achieving significant settlements and verdicts on behalf of our clients.

Our nursing home neglect lawyers thoroughly investigate each nursing home abuse case to address all areas of harm, including medical expenses, emotional suffering, and other damages. With our extensive knowledge, we work diligently to hold negligent care facilities accountable and fight tirelessly to protect your rights.

Throughout the legal process, we prioritize clear communication and compassionate support, ensuring that you and your family members feel confident, informed, and supported every step of the way.

Types of Cases Handled by Our Wisconsin Nursing Home Abuse Lawyers

Nursing home abuse occurs when staff members or caregivers intentionally harm or neglect their responsibilities, causing physical, emotional, or financial harm to elderly residents. Our experienced Wisconsin nursing home abuse lawyers handle a wide range of abuse and neglect cases to ensure victims and their families receive fair compensation for the harm caused.

Physical Abuse

Elderly physical abuse includes intentional acts of violence, such as hitting, slapping, or improper use of restraints. For example, a caregiver may use unnecessary force during transfers or restrain a nursing home resident without justification.

Mental and Emotional Abuse

Elderly mental and emotional abuse involves verbal or psychological harm, such as insults, threats, or isolating nursing home residents from others. For instance, a caregiver who consistently berates or ignores a resident may cause lasting emotional trauma.

Sexual Abuse

Elderly sexual abuse involves any form of non-consensual or unwanted sexual contact with a resident. This type of abuse can include inappropriate touching, coercion, or attempted sexual assault by nursing home staff members or other residents.

Medical Malpractice

Medical malpractice occurs when care facilities fail to provide appropriate health services, leading to harm. Common examples include untreated bedsores, medication errors, or failure to monitor chronic conditions.

Negligence

Nursing home neglect happens when staff fail to meet residents’ basic needs, resulting in harm. Negligence can include poor hygiene, malnutrition, dehydration, or a lack of supervision, leading to elopement (wandering off unsupervised).

Financial Abuse

Financial exploitation involves misusing or stealing a resident’s funds or assets. Examples of financial abuse might include unauthorized bank withdrawals, coercing changes to legal documents, or stealing personal belongings.

Wrongful Death

Wrongful death occurs when nursing home abuse leads to the untimely passing of a resident. These cases often involve serious failures in care, such as untreated infections, severe malnutrition, or injuries from falls caused by poor supervision.

Understanding Your Legal Rights

Nursing home residents have legal rights protected under federal and state laws to ensure they receive safe, respectful, and adequate care. These laws are designed to prevent abuse and neglect, hold nursing homes accountable, and protect the well-being of some of society’s most vulnerable individuals. 

Knowing these rights is critical for families and elder abuse victims to take action when violations occur.

Federal Protections Under the Nursing Home Reform Act

The Nursing Home Reform Act of 1987 establishes the rights of residents in nursing homes that receive Medicare or Medicaid funding. This federal law guarantees that nursing home residents have the right to:

• Be free from physical abuse, sexual abuse, and neglect
• Receive proper health services and treatment for their medical needs
• Be treated with dignity and respect by nursing home staff members
• Make decisions about their treatment and participate in care plans
• File complaints without fear of retaliation

Through Medicare and Medicaid oversight, the federal government enforces compliance with these rights to protect residents in skilled nursing facilities and community-based residential facilities.

Wisconsin State Protections

In addition to federal protections, Wisconsin law provides specific safeguards for residents in nursing homes, assisted living facilities, and other long-term care centers. The Wisconsin Department of Health Services regulates these care facilities and investigates complaints of home abuse and neglect. 

Families can also report violations to the state’s Long-Term Care Ombudsman. The ombudsman advocates for residents and helps address concerns about care quality and resident safety.

Eligibility to File a Nursing Home Abuse Claim 

When abuse or neglect occurs, specific individuals have the legal right to file a claim:

• The nursing home resident: If the victim is physically and mentally capable, they can take legal action to seek compensation for the harm they suffered.
• Family members or legal guardians: If the resident cannot advocate for themselves due to age, cognitive decline, or illness, a family member or guardian can pursue the claim on their behalf.
• The resident’s estate: In cases of wrongful death, the estate can file a claim to recover damages such as funeral expenses, loss of companionship, and emotional suffering.

Liability in Nursing Home Neglect and Abuse Cases 

When nursing home abuse and neglect occurs, multiple parties may share responsibility for the harm caused. Liability often depends on the actions—or inactions—of individuals or entities tasked with ensuring the safety and well-being of nursing home residents. Identifying all liable parties is critical to holding them accountable and securing justice for elder abuse victims.

Nursing Homes and Assisted Living Facilities

The nursing home or assisted living facility itself is often liable when systemic issues, such as understaffing, inadequate training, or poor policies, contribute to neglect or abuse. For instance, a living facility that fails to hire enough qualified staff may leave residents at risk of malnutrition, dehydration, or unsupervised falls.

Nursing Home Staff Members

Individual caregivers or nursing home staff members may be directly liable for acts of physical abuse, sexual assault, or emotional abuse. For example, a staff member who uses excessive force or engages in verbal abuse causes intentional harm and can be held accountable.

Facility Administrators and Management

Management and administrators are responsible for enforcing safety protocols and adequately training staff. If they overlook complaints, fail to address known safety risks, or ignore allegations of abuse, they can be held accountable for the resulting harm to residents.

Medical Providers

Doctors, nurses, and other healthcare professionals in care facilities may be liable for medical malpractice. Examples include failing to treat infections, administering the wrong medication, or ignoring signs of declining health. For instance, if a resident develops life-threatening bedsores due to improper medical care, the medical staff involved may share liability.

Other Residents

In some cases, other residents in the facility may cause harm, such as engaging in physical or sexual abuse. Facilities may be liable for failing to supervise residents properly or protect vulnerable individuals from known threats.

Product Manufacturers

If defective equipment, such as wheelchairs or bed rails, contributes to a resident’s injury, the manufacturer of that product may be held liable. For instance, a faulty lift chair that malfunctions and causes a fall could result in the manufacturer being named in the claim.

How Our Wisconsin Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, we are dedicated to protecting the rights of nursing home residents and their families. Our legal team has extensive experience handling nursing home abuse cases and a proven track record of holding negligent nursing homes and assisted living facilities accountable. 

We understand the emotional and financial toll abuse and neglect can take on families, and we are committed to providing skilled advocacy and compassionate support throughout the legal process.

Free Case Evaluation

Our Wisconsin nursing home neglect lawyers offer a free consultation to review the details of your case, explain your legal options, and help you determine the best course of action. This no-obligation evaluation ensures you have the information you need to make informed decisions about protecting your loved family member.

Case Investigation

Our attorneys conduct a thorough investigation to uncover the truth about what happened. We gather critical evidence, including medical records, witness statements, and facility inspection reports, to build a strong case against the responsible parties. Whether your case involves physical abuse, financial exploitation, or neglect, we leave no detail unexamined.

Filing the Claim

Once the evidence is collected, we handle all aspects of filing the nursing home abuse lawsuit. This process includes preparing legal documents, meeting deadlines, and ensuring compliance with federal and state laws. Our team ensures that your claim is positioned for success, whether it involves nursing home neglect, emotional abuse, or wrongful death.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. Our Wisconsin nursing home abuse attorneys are skilled negotiators who fight to secure the maximum compensation for your family. This settlement may include damages for medical expenses, pain and suffering, and other losses.

Trial Representation

If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our nursing home abuse and neglect attorneys will represent you in the trial, present compelling evidence to demonstrate the abuse or neglect, and hold responsible parties accountable. We fight for a favorable verdict that delivers justice for your elderly loved one and your family.

Common Signs of Elder Abuse Among Nursing Home Residents 

Wisconsin has 300 Medicare-approved nursing homes, which provide care and services to elderly residents needing assisted living. However, a significant portion of these facilities must meet acceptable standards in various evaluation areas. 

43.7% of nursing homes (131 out of 300) have an overall rating below or much below average. 46.7% of facilities (140 out of 300) scored poorly in health inspections, highlighting concerns about cleanliness, safety, and adherence to state and federal regulations. 

Ninety-six nursing homes (32%) received below or much below-average ratings for staffing, indicating potential issues with understaffing or lack of adequately trained personnel. Ninety-six facilities (32%) demonstrated deficiencies in quality measures, which assess the effectiveness of care provided to residents. [1]

The worst-rated nursing homes in Wisconsin include:

Recognizing elder abuse in nursing homes and assisted living facilities is critical to protecting the safety and well-being of vulnerable residents. Families should stay vigilant for the following indicators of abuse and neglect and take action if they suspect harm.

• Unexplained bruises, cuts, or burns
• Broken bones or fractures
• Bedsores
• Social withdrawal
• Fear or anxiety around specific caregivers
• Mood swings or unusual aggression
• Physical injuries in sensitive areas
• Unexplained infections
• Malnutrition or dehydration
• Unsanitary conditions
• Missing personal belongings
• Unexplained financial transactions

The Cost of Hiring a Wisconsin Nursing Home Abuse Lawyer

At Nursing Home Law Center, we believe that financial concerns should never prevent families from seeking justice for their elderly loved ones. That’s why we work on a contingency fee basis for nursing home abuse cases. This arrangement means you pay nothing upfront, and we only collect a fee if we win your case.

You Have Limited Time to Take Legal Action in Wisconsin

In Wisconsin, there is a statute of limitations that sets a time limit for filing a nursing home abuse lawsuit. Generally, you have three years from the date the neglect occurred to file a claim. However, certain exceptions may apply, such as cases involving mental incapacity or delayed discovery of abuse.

Failing to file within this timeframe can result in losing your right to pursue compensation, regardless of the severity of the harm. Working with an experienced Wisconsin nursing home abuse lawyer ensures your case is filed within the required deadlines.

Contact a Wisconsin Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we are committed to helping victims of nursing home abuse and their families seek justice and hold negligent facilities accountable. We understand the emotional and financial toll that abuse and neglect can have on families, and we are dedicated to providing compassionate support and effective legal representation. 

With a free consultation, we make it easy for families to explore their legal options without additional financial stress.

If you suspect abuse or neglect in a Wisconsin nursing home, don’t wait. Contact us today, and let us help you protect your loved one, hold the responsible parties accountable, and pursue compensation for your family.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare