How Hard Is It to Win a Nursing Home Abuse Lawsuit?

Nursing home abuse is alarmingly common. According to estimates, around 10% of all adults over age 65 will experience some form of abuse, and “[t]hese rates are often higher in long-term care facilities such as nursing homes.”

If you or a loved one is a victim, what can (and should) you do?

Nursing home residents and families who are coping with the effects of abuse can take legal action under Wisconsin law. This involves filing a nursing home abuse lawsuit. When nursing homes fail to protect their residents, they deserve to be held accountable, and hiring an attorney to file a lawsuit is the first step in the process. 

Understanding What It Means to File a Nursing Home Abuse Lawsuit

To be clear, filing a lawsuit does not necessarily mean that you will have to go to court. In fact, most successful nursing home abuse lawsuits result in settlements before their scheduled trial dates. While there are no guarantees, if you have a strong claim and clear evidence of liability, there is a reasonable chance that you will have the opportunity to settle. If your (or your loved one’s) nursing home offers a settlement, your attorney can help you decide whether to accept the offer based on the circumstances at hand. 

Understanding What it Takes to Prove Nursing Home Abuse

While most successful cases settle, building a successful case takes effort. It also requires a clear understanding of Wisconsin’s nursing home abuse laws. Both of these are important reasons to put an experienced attorney on your side. Once you hire a nursing home abuse attorney, your attorney will be able to:

1. Investigate the Abuse

Conducting an investigation is a necessary step for filing a nursing home abuse lawsuit. Even if you have contacted the police (which you should not hesitate to do if necessary), your attorney will still need to investigate in order to gather the evidence needed to pursue legal action. 

2. Gather Additional Evidence 

Along with conducting an investigation, your attorney will need to gather additional evidence as well. At this stage, one of the most important forms of evidence will be your (or your loved one’s) medical records. Medical records are key for proving all forms of physical, sexual, and emotional abuse. 

If you are dealing with financial abuse, your attorney will need to access your (or your loved one’s) financial records instead. Financial abuse is a persistent concern for nursing home residents and their families, and if you have concerns, you should consult with an attorney promptly. 

3. Determine Grounds for Liability 

After examining the available evidence, your attorney will be able to determine if you have grounds to pursue a liability claim against your (or your loved one’s) nursing home. Broadly speaking, nursing homes in Wisconsin can be held liable for all of the following:

• Abuse by nurses and other caregivers
• Abuse by other staff members
• Abuse by other nursing home residents 
• Abuse by visitors and other individuals

Negligent hiring, inadequate supervision, inadequate security, and various other issues can serve as grounds to pursue a nursing home abuse lawsuit under Wisconsin law. But, even without proof of negligence at the administrative level, nursing homes can also generally be held liable for their employees’ negligence or misconduct within the scope of their employment. 

4. Take Legal Action on Your Behalf

If you have grounds to file a nursing home abuse lawsuit, your attorney will take legal action on your behalf. At this stage, your attorney will have most (if not all) of the evidence needed to hold the nursing home accountable. If additional evidence is needed, your attorney will be able to obtain the nursing home’s internal records and nursing home staff members’ testimony through the formal discovery process. 

5. Advise and Represent You Throughout the Process

As your lawsuit moves forward, your attorney will continue to advise and represent you every step of the way. If a settlement offer is on the table, your attorney will help you understand whether the offer provides adequate compensation for your (or your loved one’s) losses. If necessary, your attorney will take your lawsuit to trial—though, as discussed above, most successful lawsuits settle before this stage of the process. 

Talk to a Wisconsin Nursing Home Abuse Attorney for FREE

If you need to know more about filing a nursing home abuse lawsuit in Wisconsin, we strongly encourage you to contact us right away.

Contact a Wisconsin nursing home abuse attorney at Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We proudly serve all of Wisconsin, including Plover, Marshfield, Stevens Point, and other areas.