Madison Nursing Home Abuse Lawyers

Abuse and neglect of a nursing home resident is a complex and sensitive issue. There’s a good chance you haven’t dealt with something like this before. Maybe you’re unsure what to do next or whether you should be documenting your observations.

You are not alone in this. The State of Wisconsin has protections in place for nursing home residents. Our personal injury lawyers can help investigate, gather evidence, and take legal action if needed. We’re here to support you in protecting your loved one’s rights and ensuring they receive the quality care they deserve.

Contact a Madison nursing home abuse lawyer at (608) 448-6242 today for a free case evaluation. We’ll walk you through what happens next.

What is Elder Abuse?

Elder abuse: intentional act(s) or neglect that harms the health or well-being of a vulnerable, elderly adult. This abuse is commonly categorized as:

• Neglect: the failure to provide basic needs (food, shelter, protection, healthcare) to an older adult as a caregiver.
• Physical abuse: causing pain or injury to a senior through excessive force, slapping, or restraint.
• Sexual abuse: non-consensual sex acts of any kind.
• Exploitation: the misuse, taking, or hiding of seniors’ funds, property, or other assets.
• Emotional abuse: the act of causing mental anguish, pain, or distress through verbal or nonverbal actions.

Signs of Nursing Home Abuse

Recognizing nursing home abuse can be difficult. Often, people may unintentionally overlook warning signs, thinking that abuse couldn’t happen to someone they love. Here are common indicators to look out for:

• Behavioral Changes: Sudden withdrawal, anxiety, irritability, or fear of specific individuals or areas within the nursing home.
• Unexplained Weight Changes: Rapid weight loss or gain, possibly signaling malnutrition or poor care.
• Falls or Injuries: Frequent falls, unexplained bruises, fractures, or other signs of physical harm.
• Bed Sores: Pressure sores may indicate neglect or lack of mobility assistance.
• Treatment of Other Residents: Observe if other residents appear neglected or mistreated.
• Unexpected Resident Deaths: Frequent or sudden deaths may be a red flag for systemic neglect or abuse.

If you suspect your loved one may be mistreated, it’s possible other residents are also facing similar issues. Staying alert to these signs can help ensure they receive safe, compassionate care.

How Can I Prove Nursing Home Abuse?

If you believe a nursing home resident is suffering abuse, you can report it to the Wisconsin Department of Health Services (DHS). You don’t have to give your name if you want to stay anonymous. It will also help to talk to an attorney who knows about these kinds of cases. They can help you gather proof of the abuse and pursue compensation for losses and pain and suffering.

When an investigation happens, it usually includes interviews with the caregiver, their coworkers, supervisors, and other residents. Any security footage, daily care records, or medication logs might also be collected to understand what kind of care was given.

Understanding the Rights of Nursing Home Residents in Wisconsin

Mandatory Reporting

In Wisconsin, certain professionals are mandated reporters, which means they are legally required to report any suspected abuse or neglect of a resident. This includes healthcare providers, social workers, and law enforcement. Wisconsin law (Wis. Stat. § 46.90) covers these requirements for elder abuse and abuse in care facilities.

What Rights Do Nursing Home Residents Have?

Wisconsin gives residents important rights. These include the right to be safe from abuse and neglect. They also have the right to receive proper care. There are federal and state laws that protect these rights. Learn more about federal nursing home laws by visiting this article on the Federal Nursing Home Reform Act.

Licensing & Inspections

The Wisconsin Department of Health Services (DHS) licenses and regulates nursing homes and conducts inspections to ensure they comply with state and federal regulations. Reports from these inspections are publicly available, allowing families to check the track records of facilities.

Taking Legal Action

Victims of abuse, or their families, can pursue civil claims against facilities where abuse has occurred. Additionally, the Wisconsin DHS has an Elder Abuse Hotline, and complaints can be filed with the state for potential investigation and action.

Connect With a Lawyer for Nursing Home Abuse

All residents will suffer when care facilities fail to meet basic standards, especially in the case of abuse. Of course, not every case has the evidence required for a successful claim. But when you file a claim against a nursing home, you’re doing your part to ensure the quality of care across the whole organization.

Contact our office today at (608) 448-6242 to discuss your specific concerns. Our experienced nursing home abuse lawyers will help you seek justice for your loved one.  

PEMBERTON PERSONAL INJURY LAW FIRM

5609 Medical Cir #4 Madison, WI 53719 (608) 448-6242