It is tragic and distressing when you entrust a family member to a facility only to find they’ve suffered nursing home abuse and neglect. A Milwaukee nursing home abuse lawyer in our personal injury law firm is here to provide legal representation to manage a nursing home abuse claim for you. Call for a free case evaluation.
In this Article
How a Milwaukee Nursing Home Negligence Lawyer Can Help
Our lawyers handle personal injury cases involving an elderly loved one’s injuries, bed sores, malnutrition, fall-related injuries, medication errors, and even death. If you suspect abuse, call us to discuss legal action and seek justice.
We manage nursing home abuse cases; we gather and analyze evidence to determine liability (consulting medical experts and gathering medical records, witness statements, and surveillance footage), manage your legal claim, and ensure responsible parties bear liability.
We can also help transfer your loved one to a safer nursing facility to prevent further harm while seeking fair compensation, taking the facility to court if necessary. In the most extreme nursing home neglect cases, we can file a wrongful death claim.
What Are the Warning Signs of Nursing Home Abuse?
Common signs of nursing home abuse include untreated medical issues like pressure ulcers, unexplained bruises or broken bones, and unusual behavior like withdrawal or depression. Many victims in long-term care facilities are unable or afraid to talk about the harm caused.
Other red flags are sudden weight loss, poor hygiene, unsanitary living conditions, sudden financial changes, and a resident’s fear around specific nursing home staff members.
How Do State and Federal Laws Protect Nursing Home Residents?
Wisconsin laws protect nursing home residents through strictly enforced legal rights, mandatory safety protocols, and third-party oversight managed by the Wisconsin Department of Health Services (DHS).
These protections are codified primarily under Wisconsin Statute § 50.09 and Wisconsin Administrative Code Chapter DHS 132. They legally shield residents from mistreatment and ensure adequate medical and personal care.
The Federal Nursing Home Reform Act of 1987 (NHRA), enacted under the Omnibus Budget Reconciliation Act of 1987 (OBRA ’87), mandates that Medicare- and Medicaid-certified facilities must promote and protect the dignity and rights of each resident.
Common Forms of Nursing Home Misconduct and Abuse
Nursing home abuse by nursing home staff or other residents can take many forms:
- Physical abuse—hitting or slapping
- Emotional abuse/psychological abuse—abusive words or actions
- Sexual abuse—non-consensual sexual contact or sexual assault
- Financial abuse—illegal financial exploitation of a resident’s finances or personal property
- Elder neglect—staff members failing to provide a patient with adequate care (poor nutrition, hydration, or personal care) leading to harm
- Medical malpractice—misprescribing medication or failing to treat infections
Steps to Take If You Suspect Nursing Home Abuse or Neglect
If you suspect physical or mental abuse, act quickly:
- Seek medical attention from their own doctor.
- Document any signs of abuse or neglect. Save photographic evidence.
- Speak with your loved one privately about their experiences and document their statements.
- Contact the nursing home administrator and report your concerns.
- Report Wisconsin nursing home abuse to authorities (below).
- Consult our Wisconsin elder abuse attorneys.
How Do I File a Complaint About Nursing Homes in Wisconsin?
To file a complaint about a nursing home in Wisconsin:
- Submit a report to the Wisconsin DHS; call 1-800-642-6552.
- Contact the Division of Quality Assurance (DQA).
What Financial Compensation Might an Abused Nursing Home Resident Recover?
If you or an elderly person has suffered abuse in a nursing home, you may pursue compensation through an abuse or neglect claim. This may include non-economic and economic damages for current and future medical care, physical pain and suffering, and mental anguish. If relocation to a new facility is necessary, those costs may also be recoverable.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Wisconsin?
You typically have three years from when the injury happened or was discovered to file a nursing home abuse or neglect lawsuit (Wisconsin Statute § 893.54[1m]).
It is important to seek legal advice from an experienced personal injury attorney about your particular case.
How Can I Prevent Nursing Home Abuse?
To prevent nursing home neglect or abuse, be proactive:
- Thoroughly research and choose a reputable facility.
- Make regular visits to ensure proper care and supervision.
- Communicate regularly with nursing home personnel and address concerns immediately.
- Know the signs of abuse and watch for any changes in the elderly resident’s appearance or behavior.
Speak with a Nursing Home Abuse Attorney from Our Milwaukee Office
Our nursing home abuse lawyers can help personal injury victims in the Milwaukee area build a strong elder abuse case to ensure the nursing home is held accountable for mental and physical harm it caused. Our personal injury lawyers offer a free consultation with an experienced attorney who will explain Wisconsin’s legal process and your legal options. Our law firm works on a contingency fee basis, so you have no upfront legal fees.