Wisconsin Nursing Home Abuse Lawyers
Often the best place for your elderly or aging loved one is a nursing home or long term care facility. However, sometimes these care facilities fail to provide the attention they promise. If your loved one was injured, contact a Wisconsin nursing home abuse lawyer today at (715) 343-2850 or use our online contact form below.
Compensation in Nursing Home Abuse & Neglect Cases
You should seek a specific analysis from your nursing home abuse and neglect lawyer concerning the applicable statute of limitations in your case. Generally, Wisconsin’s statute of limitations law generally requires that you file a suit within three years of when an injury is discovered, or reasonably should have been discovered. In order to make sure that you can receive compensation for injuries sustained in nursing care, it is important to contact your lawyer right away if you feel that you are entitled to damages. Your nursing home neglect lawyer can help you and your family receive the monetary compensation that you deserve if someone you love has experienced nursing home abuse. You may be entitled to compensation for one or several of the following:
- Medical Expenses
- Pain and Suffering
- Emotional Distress and Mental Anguish
- Loss of Enjoyment of Life
- Loss of Companionship
- Punitive Damages
What Can Studinski Law Do for You?
Nursing homes and long term care facilities must comply with an array of state and federal laws. We know how to hold them accountable when they violate regulations.
It can be difficult to conduct an investigation at a nursing home or long term care facility. Studinski Law, LLC can help you gather necessary evidence.
Nursing homes and long term care facilities have insurance that can cover your losses after a loved one is injured or passes away. We can help you obtain compensation.
Recent Case Result
$3,596,360 SettlementIn a wrongful death case involving a semi-tractor trailer.
Read More Results
nursing home complaints in 2014 involving abuse, gross neglect, or exploitation.
People age 65 and older make up 13% of the total population and when elders experience abuse they are at a 300% higher risk of death compared to those who had not been mistreated.
Elder Abuse Laws
Nursing and care facilities must follow a very strict “standard of care” that they owe to residents. In an action to seek compensation from a nursing home, your attorney must show that the nursing home failed to meet this standard of care in caring for your loved one, and that their failure caused your loved one to sustain an injury. While there are many ways that a nursing home can fail to properly care for its residents, some of the most common ways include:
- Failure to provide adequate security
- Failure to train staff
- Failure to monitor staff
- Failure to provide the provide proper food or water to residents
- Failure to address medical needs or provide medication
- Failure to transfer a resident who has needs the facility cannot meet
No two cases regarding abuse or neglect at a nursing home are alike. At Studinski Law, LLC, we approach each case with a purpose to find out who is responsible for the suffering of your loved one. While you may have many questions to discuss with your attorney, you can begin by considering the following:
- Abuse vs. Negligence
Abuse implies purposeful actions with the intention to harm someone else. Negligence is a failure to meet the standard of care that the nursing home owes its residents. We can seek damages for both abuse and negligence.
- Nursing Home Arbitration Agreements
Many facilities have language in their admissions contracts saying that you cannot sue them in the event of neglect. Instead, they want the issue to be addressed by arbitration where a judge and jury is replaced by an arbitrator. Here the nursing home company selects the arbitrator and defines the rules of the arbitration, and for these reasons we counsel people to avoid agreements that contain arbitration clauses.
- Possible Third Party Claims
It is possible that the injury suffered by your loved one was not only the fault of the nursing home, but maybe a third party is responsible as well. This could include an outside party, such as a therapist or doctor, who improperly treated and injured a nursing home resident. Additionally, if a defective product was used on your loved one and caused them harm, we can seek compensation from the product’s manufacturer and potentially other responsible parties.
- Who Can Bring a Claim
The injured resident can always file a lawsuit against their nursing or care home, but often the suit is filed by a loved one who is acting as the legal guardian of the person who was injured. A representative of the resident’s estate can also file a claim. Surviving relatives may have claims for wrongful death in the event that the resident has passed away.
As a resident in a nursing home or rehabilitation facility, your loved one deserves to be treated with care and dignity. The law allows for you and your family to file a lawsuit against anyone who does not meet their duty of care and professionalism caring for you or someone you love. The Nursing Home Reform Act of 1987 was enacted to specifically protect those who are in the care of nursing home staff. The law’s bill of rights established the following rights for nursing home residents:
- The right to freedom from abuse, mistreatment, and neglect
- The right to freedom from physical restraints
- The right to privacy
- The right to accommodation of medical, physical, psychological, and social needs
- The right to participate in resident and family groups
- The right to be treated with dignity
- The right to exercise self-determination
- The right to communicate freely
- The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change in the facility
- The right to voice grievances without discrimination or reprisal
Our Nursing Home Abuse and Negligence Lawyers Can Help
We expect for nursing homes to show respect and compassion to their residents, but unfortunately physical abuse in nursing homes is a common occurrence It can be very painful and overwhelming to see a loved one facing abuse or neglect when in the care of a nursing or rehabilitation facility and you’ll need help through this difficult and complex process.
Call Us Today
Or fill out our online form to get your case started today.
Nursing Home Abuse FAQs
What is Elder Abuse?
Elder abuse involves intentional actions to harm an elderly individual. An elderly person is someone who is advanced in age and who requires significant medical care to carry out their activities of daily living, such as bathing, cooking, and taking medications. Abuse may be physical, mental, emotional, or financial. Many specific action can constitute abuse. If you are concerned that your loved one is facing elderly abuse, contact a lawyer right away.
What Are the Rights of Nursing Home Residents?
The Nursing Home Reform Act of 1987 gives nursing home residents rights while in long-term care facilities. If your loved one’s rights have been violated, they may have suffered abuse or neglect. We can help you determine if someone harmed your loved one and if you are entitled to compensation for losses as a result.
Who is Liable for Nursing Home Abuse and Neglect?
Often, abuse and neglect occur because the long term care facility fails to properly staff its facility or train those staff members who it employs. It may not have enough employees to provide proper care for all of its residents, resulting in neglect. Staff members may not be properly trained in how to move residents to prevent bedsores, resulting in a failure to provide proper care. However, sometimes independent medical providers or product suppliers cause harm to individuals in nursing homes. In those cases, an outside party may be liable. We can help you understand your case and navigate the nursing home abuse and neglect claims process.
Call Studinski Law, LLC at (715) 343-2850 to schedule. Free, no –risk consultation with a compassionate nursing home abuse and neglect lawyer.