Wisconsin Nursing Home Abuse Lawyers

Senior in Wisconsin nursing home

After entering a nursing home, it is vital for family members to realize that loved ones do not lose their legal rights. In fact, there are additional protections in place under the law for residents in nursing homes. Despite the existence of laws like the Nursing Home Reform Act of 1987, it is unfortunate that abuse and neglect are still prevalent in our nation’s nursing homes. In Wisconsin in particular, nursing homes have had a history of failing to prevent bedsores in patients. A University of California-San Francisco research study discovered that patients in over 30 percent of Wisconsin nursing homes actually developed bedsores in 2008. There were also issues in over 48 percent of Wisconsin nursing homes for their failure to maintain an accident-free environment. Over 27 percent of all nursing homes also failed to develop comprehensive care plans in 2008.

Whether you discover that a loved one has developed bedsores or has not been receiving the proper nutrition, it is important for you to get in touch with nursing home lawyers. Wisconsin nursing home lawyers will investigate the neglect and causes that have lead to a loved one developing bedsores, infections and other injuries.

State and Federal Nursing Home Laws in Wisconsin

It is clear that the Wisconsin legislature has decided to take a strong stance against elder abuse and neglect. The two statutes that are in place to protect individuals are the Abuse of Individuals at Risk Act and the Elder Abuse Reporting System Act. The Abuse of Individuals Act defines abuse in a broad manner, and it states that it is physical abuse, emotional abuse, sexual abuse, treatment without consent, unreasonable confinement or restraint and the deprivation of a basic need for food, shelter, clothing or health care.

If one’s abuse results in the death of an individual, then he or she will be guilty of a Class D felony under the statute. Those who also cause great bodily harm to a vulnerable adult will be guilty of a Class I felony. The statute goes on to define the criminal punishments for engaging in the abuse of an elderly person.

Family members who see that a loved one has been subjected to abuse or neglect in a facility must take active steps to report it. They should get in touch with the Wisconsin Department of Health Services, Services for the Elderly, Adult Protective Services agency, Board on Aging and Long Term Care or the Long Term Care Ombudsman. The Long Term Care Ombudsman office maintains records of each nursing home facility in the state, and this department can provide family members with a wealth of information about the rights of loved ones.

Know the Resident Rights of Your Loved One

There are various resident rights and services that every elderly person has in a nursing home facility. Family members should pay attention to the care of elderly people to make sure that they are receiving the services that they are entitled to under the law. These required services include the development of a care plan, nursing services, rehabilitation services, nutrition services, social services and other services. In the Nursing Home Reform Act of 1987, a Residents’ Bill of Rights is clearly outlined and maintains that residents have the following rights:

  • Right to be free from physical and chemical restraints
  • Right to be free from abuse, neglect and exploitation
  • Right to privacy
  • Right to use self-determination
  • Right to communicate with others
  • Right to review one’s care plan
  • Right to participate in resident and family groups
  • Right to voice disagreements without discrimination
  • Right to have one’s physical, psychological, medical and social needs accommodated

Blue-CTA

Schedule an Initial Consultation with Wisconsin Nursing Home Lawyers

Schedule an initial consultation with nursing home lawyers in Wisconsin if you want to learn more about the rights of loved ones. Nursing home lawyers in Wisconsin will thoroughly investigate the staffing levels, incidents of abuse or neglect and practices of workers in a nursing home. They will aggressively fight for the legal rights of your loved one. Our lawyers are available to help Wisconsin families in areas such as:

Speak with a Wisconsin lawyer today to make progress in finding protective services for a loved one and ending the abuse.

Nursing Home Negligence

STATUTE OF LIMITATIONS

  • 3 years with Discovery Rule. (Wis. Stat. Ann §893.54)
  • Medical malpractice – 3 years from date of injury or 1 year from date of discovery, whichever is later, but no more than 5 years from the date of the act or omission. Foreign object cases must be brought within 1 year from date of discovery or reasonable discovery or 3 years from date of incident.  Minors must bring suits against health care providers within 3 years of date of injury/1 year from date of discovery or by age ten. (Wis. Stat. Ann §893.55;Wis. Stat. Ann §893.56)

DAMAGES CAP

Wrongful Death

STATUTE OF LIMITATIONS

DAMAGES CAP

  • Judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action.  Additional damages not to exceed $500,000 for death of a minor and $350,000 for death of an adult. (Wis. Stat. Ann. §895.04(4))

Nursing Home Care State Law

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