Wisconsin Nursing Home Abuse & Neglect Lawyers
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.
Medicare routinely gathers data on the 377 nursing homes in Wisconsin based on inspections, surveys, and investigations into formally filed complaints. The federal agency found that 26% of these Wisconsin nursing facilities had serious violations and deficiencies that resulted in harm to their residents. Was your loved one abused, mistreated, injured or did they die unexpectedly from neglect while living at a Wisconsin nursing facility? If so, we invite you to contact the Wisconsin nursing home abuse attorneys at Nursing Home Law Center today. Let us begin processing your claim for compensation during a free case evaluation to ensure your family receives the monetary recover they deserve.
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
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.Wisconsin Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers
Wisconsin nursing homes are responsible for every patient in their facility and must provide protection for their well-being and safety. Unfortunately, many elderly and disabled nursing home residents suffer serious medical conditions and require the medical staff to provide constant care.
The Wisconsin bed sore attorneys at Rosenfeld Injury Lawyers LLC are committed to holding medical facilities accountable for their poor care. Our firm is experienced prosecuting Wisconsin pressure sore cases involving nursing homes and hospitals. Contact our office for a free review of your case and explanation of options under Wisconsin law.
Often times, adult children will entrust their loved one to the nursing facility with the expectation they will be provided quality care by a dedicated staff. Unfortunately, many patients are victims of neglect, mistreatment or inattention and develop serious facility-acquired conditions including pressure sores.How Bad is a Pressure Sore?
Without proper treatment, pressure sores (bedsores; decubitus ulcer; pressure ulcers) can quickly become serious, life-threatening wounds. Bedsores typically occur as a result of improper monitoring by poorly trained staff. The condition develops when continuous body pressure contacts chairs, pads, bedding and wheelchair seats for an extended time. The pressure restricts the circulation of blood to the skin and underlying tissue. In as little as two hours, the limited oxygen to the area can cause the skin tissue to die or become permanently damaged.
Bedsores are easy to avoid and existing pressure sores are simple to manage in their early stages. However, if the nursing facility is inattentive to the patient’s needs, through intention or neglect, a simple bedsore can quickly become worse, where the wound can ulcerate and expose underlying tissue. Within days, the wound can expose the patient’s bones, muscles and tendons, making it highly prone to acquiring an infection of the bone (osteomyelitis) and/or blood (sepsis).
Nearly all pressure sores in nursing facilities are signs of neglect, inattention or abuse by the staff that is unwilling or unable to provide quality care to the patient. In many incidences, various factors contribute to a neglect or abuse case reported to state regulatory agencies. Many times, the nurses, nurse’s aides and other caregivers are performing their duties under stress because they are either underpaid or overworked. Additionally, the staff may lack sufficient training, which ends up causing intentional or unintentional mistreatment of the patient.
If the nursing staff has a sufficient amount of caregivers and receives proper training, they can perform three very basic duties to prevent a developing sore. These include:
Evaluate the patient’s skin at least one time every day to detect or identify any noticeable signs of a developing sore.
Follow a rigorous routine to turn or readjust the patient’s body at least one time every two hours to alleviate any built-up pressure on the skin.
Change any soiled garments or wet bedding to keep the patient’s skin dry and clean to avoid losing the skin’s integrity by contact with excessive moisture.
In many incidences, families are not notified for days or weeks that their loved one is suffering from a bedsore acquired at the facility. Usually, the only way families can ensure their loved ones are protected is to take a proactive stance. Family members can monitor their love one’s medical chart and look for any notation of skin integrity assessments. In addition, the family can search the chart for any notes involving treatment of developing sores.Stop the Negligence in Wisconsin Nursing Facilities. Contact an Attorney Today
If you believe your loved one is suffering a facility-acquired bedsore caused by negligence, inattentiveness or abuse at a nursing facility, it is essential to hire an lawyer. A skilled Wisconsin pressure sore attorney who specializes in medical malpractice claims can take legal action to stop the negligence now. In addition, the law firm can ensure that the loved one receives the best medical care from trained personnel specialized in treating life-threatening wounds.
If you are looking for an attorney to assist with the investigation or prosecution of a nursing home abuse case involving bed sores or other injury visit the pages below:
- Kenosha Pressure Sore & Nursing Home Attorneys
- Racine Nursing Home Neglect & Pressure Ulcer Attorneys
- Milwaukee Nursing Home & Pressure Sore Lawyers
- Madison Bed Sore & Nursing Home Neglect Attorneys
- Green Bay Nursing Home Abuse & Bed Sore Lawyers
Fill in the contact form here to speak with an experienced Wisconsin pressure sore attorney listed below. Our Wisconsin nursing home neglgience lawyers will use every legal and medical tool to protect your loved one and file a claim to seek financial compensation for the pain, suffering and injuries endured at the hands of a negligent staff.
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)
- Noneconomic damages are limited to $750,000. (Wisc. Stat. Ann. §893.55)
STATUTE OF LIMITATIONS
- 3 years with Discovery Rule. (Wis. Stat. Ann §893.54)
- 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))
- Wisconsin Department of Health Services
- Services for the Elderly
- Nursing Home Information
- Adult Protective Services
- Board on Aging and Long Term Care
- Long Term Care Ombudsman
- Abuse of Individuals at Risk – (Wis. Stat. Ann. §§940.285)
- Elder Abuse Reporting System – (Wis. Stat. Ann. §§46.90)
Our attorneys have compiled data from settlements and jury verdicts across Wisconsin to give you an idea as to how cases are valued. Learn more about the cases below:
- Wisconsin Nursing Home Fall Cases
- Wisconsin Nursing Home Bed Sore Cases
- Wisconsin Nursing Home Abuse Case Valuations