Nursing homes are rarely your first choice for your loved one. You may have tried to help your family member remain at home for as long as possible. You might have considered having them live with you. Unfortunately, your parent or grandparent’s needs may require more than you and your house could offer. The practical and most loving answer is often to have your family member live in a nursing home where they can have the supervision and medical care they need 24 hours per day.
When you place a loved one in a Wisconsin nursing home, you expect them to receive excellent care from everyone they interact with. From the certified nursing assistants to the activities director, each staff member should uphold the nursing home’s duty of care toward your family member. When they fail to care for your loved one as they should, and this neglect or abuse leads to harm, you should contact our nursing home negligence lawyers at Studinski Law, LLC right away. We can review your loved one’s circumstances and advise you on their right and legal options, including whether they can seek compensation.
Call us today at (715) 343-2850 for a free and confidential consultation.
Wisconsin Nursing Home Regulations
Numerous state and federal regulations dictate how nursing homes should function and provide care to seniors, including:
- Wisconsin Statute Chapter 50
This statute defines what constitutes a nursing home or other type of care facilities for seniors. It outlines nursing home licensing rules, procedures, and penalties controlled by the Department of Health Services (DHS). When you check on a nursing home’s license, these is one of the laws the facility must be in accordance with.
- Chapter DHS 132
Every nursing home licensed under Chapter 50 is subject to Chapter DHS 132, which outlines nursing home standards and services, limitations on admissions, retentions, and removals, and residents’ rights. It outlines the minimum amount of management personnel necessary in a nursing home, necessary employee qualifications, housing keeping services, and more. It also controls a nursing home’s recordkeeping process. If you believe your loved one is not being cared for properly, your nursing home negligence lawyer will investigate whether the facility is compliant with all relevant provisions of this law. Documentation of the facility violating one or more sections of this chapter may be additional evidence of negligent care.
- 42 CFR Part 483
Federal requirements for states and long-term care facilities outline the quality of care that facilities accepting Medicare and Medicaid must provide, the rights of residents at these nursing homes, and more. Your attorney will also review whether the federal law applies to the facility and whether the nursing home violated any federal regulations.
Nursing Home’s Quality of Care Standards
Nursing homes are required to uphold all relevant state and federal regulations and to provide reasonable care to their residents. This includes providing appropriate medical care and treatment and preventing medical issues like bed sores, urinary tract infections, and falls. Nursing home staff are required to uphold all resident’s rights, including to be free from medical errors and physical and chemical restraints. Also, staff members should not only be proactive in providing necessary care, they must avoid creating any risk of harm to the patients too.
If you believe your loved one has been neglected at a nursing home, your attorney will investigate the situation and the staff members’ actions to determine whether there was a violation of a professional standard of care, your loved one’s rights, or of a state or federal law. Evidence of one or more violations can support your loved one’s pursuit of compensation for their injuries.
What is Negligent Care?
A nursing home may be guilty of negligent care if an employee of the facility did not uphold their duty of care toward your loved one. This can take many forms, and encompass many different factual situations. Staff members, including physicians, nurses, and certified nursing assistants, all have a responsibility to treat patients with reasonable care in accordance with their training and standard practices within the profession. When they fail to uphold their professional obligations and the nursing home’s quality of care, then they are providing negligent care.
Recovering Compensation for Negligent Care
There is no reason or excuse for negligent care in nursing homes. Substandard care increases the risk of harm to your loved one and can directly lead to an injury, adverse medical event, or death. For instance, poor hygiene, dehydration, and improper catheterization all increase the risk urinary tract infections (UTIs), which can be painful to seniors, require aggressive antibiotics to treat, and could lead to more serious bladder and kidney infections.
If your loved one was injured due to negligent care at a nursing home, they may be able to recover compensation for:
- Medical expenses
- Pain and Suffering
- Emotional Distress and Mental Anguish
- Loss of Enjoyment of life
Call Our Wisconsin Nursing Home Negligence Lawyers for Help
It can be difficult to determine if your loved one’s current condition is due to negligent care. That is why it is best to call us at Studinski Law, LLC, if you have noticed any signs of neglect or abuse. We will work with other authorities to determine whether there is evidence of negligent care that led to an injury and whether pursing compensation is right for your family member. Call us today at (715) 343-2850 to schedule a time to meet with us and discuss your loved one’s situation.