Wisconsin Nursing Home Abuse Lawyer

According to the World Health Organization (WHO), over one in six people aged 60 years and older have suffered some form of nursing home abuse and neglect in long-term care facilities. Nursing homes are considered the best place to send our loved ones. However, these facilities may fail to meet expectations for quality care, and some residents may suffer from neglect or abuse by staff. 

Abuse or neglect can be found in nursing homes, assisted living facilities, memory care facilities, retirement homes, and community-based residential facilities. Fortunately, Wisconsin law empowers abuse victims to file a lawsuit or claim against those responsible and hold them liable for compensatory damages.

If you suspect any kind of negligence or exploitation in Wisconsin nursing homes, seek the assistance of the Injury Lawyer Team. Contact our Milwaukee nursing home abuse attorneys to schedule a free initial consultation. 

Prevalence of Nursing Home Abuse Cases in Wisconsin 

According to the Wisconsin Department of Justice, elder abuse reports have seen a significant increase since 2001. That year, there were 3,251 reported elder abuse cases; by 2018, the figure had climbed to 8,803. By 2021, reports surpassed 10,000.

First Alert Investigation gathered data from the Wisconsin Department of Health Services, revealing that 10,018 reports involving older adults in nursing or assisted living facilities were recorded in 2019.

A review by the Center found that at least 297 civil suits alleging negligence, wrongful death, or medical malpractice have been filed against long-term care facilities in Wisconsin since 1986.

Senior care facilities in Wisconsin face challenges such as staffing shortages and budget constraints, leading to a rise in nursing home complaints. In the period from fall 2022 to April 2023, The Washington Post reports there were at least 50 Medicaid-related evictions in the state.

Since 2020, almost two dozen nursing homes in Wisconsin have shut down, and from 2016 to April 2021, 42 facilities closed, according to LeadingAge Wisconsin, a senior living advocacy group.

The Milwaukee Journal Sentinel reports that two of the country’s worst-rated nursing homes are located in Black River Falls and West Allis, Wisconsin.

The nonprofit health policy organization KFF found that 51% of Wisconsin nursing facilities are experiencing staffing shortages.

WalletHub emphasized the importance of addressing staffing issues as the U.S. Census Bureau projects that the population aged 65 and older will nearly double from 49.2 million in 2016 to 94.7 million in 2060.

What is “Nursing Home Abuse” in Wisconsin? 

The U.S. Department of Justice defines elder abuse as “an intentional or negligent act that causes harm or serious risk of harm to an older adult.” It can involve neglect, financial exploitation, self-neglect and more. 

In Wisconsin, nursing home abuse occurs when a facility or its staff fails to provide proper care, leading to resident harm. This can include intentional harm such as physical, emotional, or sexual abuse, as well as unintentional neglect like failing to meet nursing home residents’ medical or emotional needs. 

Consult a Wisconsin nursing home abuse lawyer to protect residents’ rights and ensure accountability for those responsible. 

Nursing Home Abuse Vs. Nursing Home Neglect: Key Difference 

Sometimes, the terms “nursing home neglect” and “nursing home abuse” are used interchangeably. However, there is a major difference between the two.

Nursing home neglect involves the failure to provide adequate care to residents, which may include not meeting their medical, emotional, or daily living needs. Neglect can occur through oversight, lack of attention, or insufficient staffing and may not be intentional.

Nursing home abuse involves intentional harm to residents, such as physical, emotional, or sexual abuse, or financial exploitation. Abuse often indicates deliberate actions aimed at causing harm or distress to the nursing home residents.

Both neglect and abuse are illegal in Wisconsin and warrant legal action. Consulting a Wisconsin nursing home lawyer can help victims achieve justice and receive compensation for physical and mental damages.

Forms of Nursing Home Abuse and Neglect in Wisconsin 

Nursing home abuse and neglect can seriously impact the well-being of elderly residents in long-term care facilities. If you or your loved one experienced any mistreatment from medical professionals or staff members of the nursing facility, contact a skilled Wisconsin nursing home abuse lawyer.

A 2022 report from the Wisconsin Department of Health Services found that 22% of elder abuse helpline calls involved financial exploitation, while 47.5% were about self-neglect and 10.4% related to neglect by others.

Here are some common types of Wisconsin nursing home negligence and abuse:

Neglect: Failure to provide for a resident’s basic needs such as food, water, hygiene, and medical care, whether intentional or unintentional.

Physical Abuse: Intentional harm like hitting, pushing, or improper restraint that results in injury or discomfort to nursing home residents.

Emotional Abuse: Inflicting emotional distress through intimidation, humiliation, isolation, or verbal abuse.

Financial Exploitation: Taking advantage of residents financially, such as stealing money or assets, unauthorized use of credit cards, or manipulating wills.

Sexual Abuse: Unwanted sexual contact or harassment, including sexual assault or exploitation without the resident’s consent.

Medical Negligence: Mistakes in administering medication, including the wrong drug or dose, which can lead to serious health consequences.

Internal Abuse Cases Between Residents: Harmful interactions between residents, often due to unaddressed cognitive or behavioral issues.

Financial exploitation of elders in Wisconsin is a concerning issue, with scams and thefts by family members resulting in a loss of $25,867,537 from seniors in 2020.

How to Report a Nursing Home Abuse or Neglect Case in Wisconsin? 

Reporting elder neglect or abuse in Wisconsin’s nursing homes, assisted living centers, and community-based residential facilities (CBRFs) is critical as it often affects multiple residents. Immediate action can protect vulnerable individuals and is often mandated by state law.

Wisconsin requires certain professionals, such as care facility employees, healthcare providers, and social workers, to report suspected abuse. However, many nursing home abuse cases go unreported. If you face any emergency, dial 911 or contact local law enforcement.

For non-emergency concerns or financial exploitation, reach out to your county’s elder abuse agency. Find a list of helplines on the Wisconsin Department of Health Services’ Elder Adults At-Risk Help Lines page.

The Wisconsin Long-Term Care Ombudsman program is another valuable resource for family members concerned about the quality of care in long-term care facilities.

Furthermore, talk to seasoned nursing home abuse lawyers before filing a lawsuit or claim against nursing care facilities. 

Wisconsin Statute of Limitations for Filing a Nursing Home Abuse Lawsuit

Under Wisconsin law, you have three years from the date of the discovery of the injury or abuse to file a nursing home abuse lawsuit. A three-year statute of limitations is also applicable to Wisconsin wrongful death cases related to nursing home negligence. 

Consult with an experienced nursing home abuse and neglect attorney to understand the intricate law regarding the Wisconsin statute of limitations in your nursing home abuse case.

Under Wisconsin law, you can file a nursing home neglect claim on behalf of the victim if you are the legal guardian or personal representative of their estate. 

Schedule a free consultation with a Wisconsin nursing home abuse attorney to discuss your legal options.

Gathering evidence to support these elements is essential for a successful nursing home neglect claim. File a formal complaint under Wisconsin law, and if necessary, your nursing home abuse attorney can assist in filing a lawsuit against the nursing facility for damages.

What Compensation is Available in Wisconsin Nursing Home Abuse Claims? 

Elder abuse cost the U.S. over $1.6 billion last year. If you or a loved one has experienced physical or sexual abuse or neglect in a nursing home, you may be eligible for compensation. Wisconsin nursing home abuse attorneys can help you pursue both economic and non-economic damages, including: 

Seek legal assistance from a skilled nursing home abuse attorney to maximize your potential recovery and ensure your rights are protected.

Consult an Experienced Nursing Home Abuse Lawyer to Seek Justice 

Did you suspect your loved one is being abused or neglected? A nursing home abuse attorney can assess your case, conduct a thorough investigation, and ensure your claim is filed within the applicable statute of limitations. Hiring a law firm knowledgeable in Wisconsin personal injury law can improve your chances of achieving a favorable outcome.

The Injury Lawyer Team, sponsored by Rosenfeld Law Offices, has compassionate attorneys representing families in litigation against nursing home facilities and any other assisted living facility in Milwaukee, Wisconsin. Let our talented legal professionals fight your case and recover financial compensation for your suffering.

Contact our legal team at (888) 424-5757 and schedule a free consultation with expert nursing home abuse lawyers. All confidential or sensitive information will remain private under an attorney-client relationship.