Can You Sue for a Nursing Home’s Failure to Monitor a Resident?

Monitoring residents is among the primary legal responsibilities of nursing homes in Wisconsin. A nursing home’s failure to monitor a resident can put that resident at serious risk of injury, illness, or even death.

When a nursing home’s failure causes harm, the facility can be held accountable under Wisconsin law. In these situations, residents and their families can hire a lawyer to pursue compensation with no out-of-pocket legal fees.

Monitoring residents is important for many reasons. Some residents require supervision to ensure they receive proper nutrition, hydration, and medications, while others need monitoring to prevent wandering or elopement that could place them in dangerous situations.

Unfortunately, a nursing home’s failure to monitor residents remains a persistent issue throughout Wisconsin. Pursuing accountability typically involves filing a nursing home negligence lawsuit, and speaking with an experienced lawyer is the first step.

3 Common Grounds for Failure-to-Monitor Claims Against Nursing Homes 

While a nursing home’s failure to monitor can happen for many reasons, many claims involve one or more of the following issues:

1. Nursing Home Staffing Issues

In many cases, a nursing home’s failure to monitor residents is the result of inadequate staffing. If a nursing home is understaffed, if its staff members lack necessary training or experience, or if its staff members are not committed to meeting residents’ needs, these are all issues that can lead to inadequate monitoring claims under Wisconsin law. 

2. Inadequate Resident Care 

Inadequate resident care is a common factor in failure-to-monitor cases as well. If a nurse fails to monitor for bedsores or signs of malnutrition or dehydration, or fails to ensure that a resident is taking his or her medications as prescribed, these are all issues that can justify claims for inadequate monitoring as well. 

3. Inadequate Security & Facility Controls

Failure-to-monitor claims can also involve inadequate security and facility controls. These types of claims most often involve a resident’s elopement from the facility. As a general rule, nursing homes should have safeguards in place to prevent their residents from wandering off unattended. If they don’t, this can also serve as clear grounds for liability. 

While these are among the most common grounds for filing monitoring-related claims against nursing homes in Wisconsin, these are not the only possibilities. If you have questions about your legal rights for any reason, you should consult with a lawyer promptly. 

Filing a Claim for a Nursing Home’s Failure to Monitor a Resident 

When a nursing home’s failure to monitor a resident causes harm, filing a legal claim can help hold the facility accountable. Residents and their families can seek compensation for their medical bills, emotional trauma, and other financial and non-financial losses.

If you think you may have a claim, you should:

• Prioritize Your (or Your Loved One’s) Medical Needs: If you have not done so already, you should prioritize your (or your loved one’s) medical needs. Nursing home residents have the right to receive treatment from any doctor of their choosing. 
• Avoid Letting the Nursing Home Tell You What to Do (or What Not to Do): In this scenario, you should not let the nursing home tell you what to do (or what not to do). Unfortunately, they may not have your (or your loved one’s) best interests in mind. 
• Keep Any Documentation or Other Evidence: If you have unused medications, medical records, or any other evidence of the nursing home’s inadequate monitoring, you should be sure to keep this evidence in a safe place. 
• Take Detailed Notes: You should also take detailed notes. If possible, write down everything you can remember that you think may be relevant to your (or your family’s) claim. 
• Talk to a Nursing Home Negligence Lawyer: Taking legal action starts with hiring a lawyer to represent you. You can get a free and confidential consultation, and you should not have to pay anything out-of-pocket for your legal representation. 

Speak with a Wisconsin Nursing Home Negligence Lawyer For FREE

Nursing home negligence cases require careful investigation, compassion, and a commitment to uncovering the truth. At Studinski Law, LLC, we take the time to understand what happened to your loved one, identify everyone who may be responsible, and gather the evidence needed to build a strong case. Our Wisconsin nursing home abuse lawyers work to hold negligent parties accountable while pursuing the compensation your family needs to move forward.

If you need to know more about suing a nursing home for inadequate resident monitoring in Wisconsin, we strongly encourage you to get in touch.

Contact Studinski Law, LLC today online or at (715) 343-2850 for a FREE case evaluation. We serve clients in Plover and all areas of Wisconsin. We do more so you get more.