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Wisconsin Nursing Home Bed Sore Settlements & Case Values
Wisconsin Bedsore Laws, Nursin Home Abuse Verdicts & Case Valuation
- Elder Care Laws
- Compensation Available to You
- Elder Abuse and Bed Sore Statistics
- Deadline to Bring an Elder Abuse Case
- Further Information
- Nursing Home Law Center LLC
- Case Values
Introduction to Wisconsin Bed Sore Laws
While a symbol of the American Midwest, Wisconsin is also a regular offender of the elderly. Instances of bed sores, malnutrition, medical malpractice, and abuse are common in this segment of the population. Though the individuals and entities that commit these injuries are quite often very resourceful, that does not make invincible or immune to the laws of Wisconsin. What follows is an outline of these laws and rules that you can use to obtain compensation and justice if you or a loved one has been the victim of elder care abuse.
Wisconsin Elder Care Laws
Wisconsin law on elder abuse starts off with a clear and concise list of what constitutes abuse:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Treatment without consent
- Unreasonable confinement or restraint
However, in further sections, it expands upon these items and broadens its definition to include financial, legal, and other kinds of manipulation. Also, it pulls in certain parties, including non-governmental parties, to help identify and report abuse including “Any employee of any entity that is licensed, certified, or approved by or registered with the department; a health care provider, as defined in s. 155.01(7); a social worker, professional counselor, or marriage and family therapist certified under ch. 457.”
After a report has been filed, Wisconsin sets forth specific requirements and deadlines for moving the investigation forward. Things such as when the report must be filed, when the report must be reviewed, when inquires and investigations must be launched all come within the purview of these laws. Some items that would be a part of the investigation include the following:
- An interview and observation of the elderly person at the place where the abuse occurred;
- An interview with the abused person’s legal, financial, and other representatives;
- A review of the abused person’s financial, legal and other affairs;
- A review of the abused person’s health records, treatment, and medications.
Like many other states, Wisconsin allows its courts to compel elderly persons to do things if they find that the victims are incompetent or incapacitated to such an extent that they can no longer make an informed decision. This is consistent with the broad powers it gives government agencies to explore and discover the nature and extent of elderly abuse in nursing homes, hospital, private homes, and beyond.
Compensation Available to You Via a Bed Sore Lawsuit in Wisconsin
While dropped right in the heart of America, its citizens still endure unspeakable tragedies especially its elderly citizens. They suffer innumerable abuses including things like bed sores, neglect, falls, malnutrition, and more. However, after completely telling us what transpired, most clients want to move on and see what’s next. This normally includes questions surrounding recovery. Here is a quick outlook of the compensation that you can expect from a court approved settlement or jury award:
- Out-of-pocket expenses
- Medical bills
- Lost quality of life losses
- Punitive damages
To understand the meaning and depth of these categories, as well as to identify how your case applies to these dimensions, you should speak to a qualified lawyer.
Wisconsin Elder Abuse and Bed Sore Statistics
Here are some important statistics related to elder abuse and bed sores for Wisconsin citizens:
- Most common elder abuse scenarios involve physical abuse, mental abuse/emotional abuse, sexual abuse, exploitation, and neglect.
- Approximately ten percent of elderly Americans suffer abuse.
- Almost 85% of elderly abuse is never reported to law enforcement.
- Since 2000, the rate of deaths due to bed sores increased by 50%.
- Median recovery for Wisconsin elder abuse cases is $43,000.
- 8% of Wisconsin elder abuse cases obtain more than $1,000,000.
- Median recovery for Wisconsin bed sore cases is $37,000.
- 6% of Wisconsin bed sore cases obtain more than $1,000,000.
Deadline to Bring a Wisconsin Elder Abuse Lawsuit (Statute of Limitations)
Citizens of Wisconsin might be surprised to learn that their access to justice is not unlimited and its doors might slam shut on them if they wait to bring their case. Like other states it maintains various statutes of limitations that prohibit lawsuits brought beyond a specified period of time. This goes for elder abuse cases as well so you need to be aware of the limitations. In relevant part, they provide for the following:
- Elderly abuse cases for personal injuries: 3 years. WSA § 893.01
- Elderly abuse cases for medical malpractice: 3 years. WS § 893.55
Wisconsin has exceptions and additions to these laws. Thus, it is important to speak with a qualified lawyer to realize exactly when you should file your lawsuit.
Further Information Related to Bed Sores in Wisconsin
- Laws: If you would like to read more about the laws of elder abuse in Wisconson, click here.
- Agencies: To learn about the agencies that watch and investigate elder abuse in Wisconsin, click here.
- Wound Care: Get access to some of the most experienced wound care experts for Wisconsin bed sores here.
- Help line: To report elder abuse, use the following information:
- 1-800-815-0015 (Toll free in Wisconsin)
- Outside of Wisconsin: 608-246-7013
- E-mail: StopAbuse@dhfs.state.wi.us
Nursing Home Law Center LLC: Wisconsin Bed Sore Lawyers Protecting Your Loved One
If you have ever experienced elder abuse or bed sores, then you know that you need a Wisconsin bed sore law firm that has a proven track record in handling this type of litigation. Nursing Home Law Center LLC has fought for many victims of these kinds of injuries and knows how to obtain successful jury awards and settlements. Like every other client that we work with, we will make the following promises to you:
- Access to attorneys at all times—from case investigation through case resolution.
- The necessary resources that will maximize the chances of your recovery.
- Communication with you throughout the duration of your case.
- We will never to work for corporations or physicians.
You cannot wait. Your recovery depends on it. Give us a call today to see understand exactly what your case will look like and what you could possibly recover. Our office has a track record that is second-to-none when it comes to prosecuting bed sores lawsuits involving nursing homes and hospitals. We serve individuals and families across Wisconsin including the following major cities: Milwaukee, Madison, Green Bay, Racine, and Kenosha. We invite you to contact our office for a free review of your case with an experienced bed sore attorney.
Wisconsin Bed Sore Case Values
Approximate recovery of Wisconsin plaintiffs in bed sore cases:
Approximate recovery of Wisconsin plaintiffs in nursing home cases generally (where many bed sore cases take place):
- Mean recovery for bed sore cases was approximately $37,000.
- Compared to the national average, they recovered about $6,000 less.
- About 4% of bed sore cases involved deaths.
- About 6% of bed sore cases recovered more than $1,000,000.
- About 10% more bed sore cases recovered more than $1,000,000 across the country.
Wisconsin Bed Sore Cases
CASE: HOLLAND-BALDWIN VS. KINDRED NURSING CARE
INJURY: BED SORES; DEATH
This case began with the untimely death of a female resident in a Mount Carmel, Wisconsin rehabilitation center. Ostensibly, she died from complications related to numerous issues including a fall and its subsequent hip fracture, bed sores, sepsis, and other issues. The estate of the decedent complained for damages in its lawsuit against the facility for wrongful death, disfigurement, pain and suffering, and other items. However, its legal theories were never tested because both settled prior to trial for $100,000 in a private agreement.
CASE: NOBLE VS. PARKVIEW
INJURY: BED SORES; DEATH
This action started as a wrongful death case when the estate of a woman filed a lawsuit against the nursing home where the woman was staying just prior to her death. Her representatives claimed that the 70-year-old had bed sores and other conditions related to neglect. They argued that these acts of malpractice combined to kill her and the defendant nursing home should pay compensation for the pain, distress, and damages that it produced. The defendant facility denied that it acted negligently and denied the amount of the plaintiff’s claimed damages. After both sides presented their case to the jury, they awarded a verdict to the plaintiff in the amount of $375,000.
CASE: PLAINTIFF VS. DEFENDANT (CONFIDENTIAL)
INJURY: BED SORES
This case dealt with a doctor’s treatment of bed sores. He treated a patient over the course of a decade and a half for issues related to diabetes, osteomyelitis, high blood pressure, and bed sores. For the latter, he recommended and performed debridement; however, he never addressed the underlying infection that spread to her spine and eventually needed corrective surgery. For this complication and added injury, the woman sued for medical malpractice and collected $350,000 from the defendant doctor and $25,000 from the defendant facility.
CASE: MASINO VS. ARNOLD
INJURY: PRESSURE SORES
The victim in this case claimed that the defendant negligently crashed into him with a car and, consequently, aggravated his pressure sores. As a result, the plaintiff argued that he suffered consequential damages related to medical bills, pain and suffering, and lost quality of life. The defendant conceded that he was driving unreasonably but that the plaintiff’s injuries existed before the accident in question. After a trial on the issue of damages, the jury returned an award of $31,150 for the plaintiff.