Lawyers for Nursing Home Abuse in Green Bay, WI
You anticipate that the nursing home personnel will offer your aged loved one the highest caliber of care when you leave their care to them. You want to ensure that all of your loved one’s requirements are satisfied in a secure setting. Nursing homes are often the greatest option for long-term, professional care for many families, but sometimes these institutions fall short of that quality of care’
You might be eligible to file a lawsuit against the long-term care facility that mistreated, abused, or neglected your loved one. Our skilled lawyers for nursing home abuse from Gage-Michaels Law Firm can assist you in seeking justice for your case.
Why Do I Need Dedicated Lawyers for Nursing Home Abuse in Wisconsin?
When you work with Gage-Michaels Law Firm, our staff creates a thorough strategy for your case. This plan details our approach to winning your case as well as our anticipated timetable so you can see how we intend to proceed in the direction of a successful conclusion.
Our skilled Wisconsin lawyers for nursing home abuse will next carefully review your claim. Although it might be challenging and time-consuming to look into nursing home neglect, our legal office has the expertise and resources to do so. We have close ties to reputable investigators and specialists who can support your claim.
A thorough investigation of your case will enable our team to:
- Determine how the abuse or neglect occurred
- Assess the extent of injuries
- Calculate total damages
- Identify all of the liable parties
An individual caregiver may abuse or neglect a senior, or the institution itself may be careless in how it hires employees, manages to staff, maintains the facility, and other areas. You might be able to pursue a claim against the institution as well as specific staff if the facility’s carelessness contributed to the abuse or neglect.
What are Elder Abuse and Elder Neglect?
Elder Abuse
The Administration on Aging, a division of the US Department of Health and Human Services, defines elder abuse as, “any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or a serious risk of harm to a vulnerable adult.”
The Centers for Disease Control and Prevention (CDC) lists five different kinds of maltreatment that affect persons 60 and older. These consist of:
- physical abuse
- sexual abuse
- emotional abuse
- financial abuse
- abandonment and neglect
Physical abuse includes beating, shoving, and slapping. Physical abuse also includes the incorrect use of restraints, whether they be physical or therapeutic. However, as you can see from this list, elder abuse goes beyond only physical violence.
Elder Neglect
The fact that “neglect” can take many different forms and that the details differ greatly from one circumstance to the next has made the definition considerably more challenging. Note that “neglect” is not the same as “negligence.”
However, in general, neglect is defined as any failure on the part of a caretaker – whether they are family members or hired help – to meet the duties associated with the older person’s care.
Because an aging person has such a wide range of requirements, neglect can take many different forms. They often involve any denial of essentials for food, clothes, shelter, cleanliness, and medical attention.
What are the Risk Factors for a Patient to Experience Abuse at a Nursing Home?
Sadly, several risk factors might increase the likelihood of nursing home neglect and abuse or long-term care facility:
- Patients who are seen as more time-consuming or needier-overstaffed or unqualified health care workers may be unable to meet the resident’s additional needs
- Patients suffering from a cognitive illness (like Alzheimer’s or dementia)
- Patients who have a history of mental illness
- Patients who have communication barriers
- Patients who have physical disabilities
- Patients who are women
What are the Types of Nursing Home Abuse?
The Center for Disease Control classifies nursing home abuse into five main categories: physical abuse, emotional abuse, sexual abuse, abandonment, neglect, and financial abuse.
Financial Abuse
The most typical kind of elder abuse is this. An elderly person’s assets or money may be misappropriated, stolen, or unlawfully distributed by a nursing home caretaker. Financial abuse examples include misappropriation or theft, falsification, pressure or fraud to force the surrender of assets, and unauthorized use of guardianship rights.
Physical Abuse
This refers to the use of physical force on an aged person to inflict pain, discomfort, disability, catastrophic injury, or disease. A person may be physically abused by being struck, strangled, slapped, burned, kicked, shaken, or choked.
Emotional Abuse
This is yet another typical, though sometimes disregarded, a form of nursing home abuse. The term “abuse” here refers to verbal or nonverbal actions that disturb, frighten, or hurt an old person’s mind. Examples of this kind of abuse include restricting an older person’s access to resources, isolating them from friends and family, making threats, and humiliating them.
Abandonment and Neglect
These refer to a caregiver who completely fails to offer an old person the care they require. The older person may not be protected from personal injury or denied access to basics like water, food, exercise, hygiene products, or prescription as part of this maltreatment. An old person might also be abandoned by their caretaker at a nursing home or in a public area.
Sexual Abuse
Any forced, coerced, or unwanted sexual contact between an elderly person and a caregiver falls under this category. When an aged person is unable to provide their permission, sexual abuse also happens. Sexual abuse may take many different forms, including penetration, unwanted caressing, fondling, and attempted sexual assault.
Who is Legally Liable for Nursing Home Neglect and Abuse?
If any of the following contributes to harming a resident or patient as a result of nursing home neglect or abuse, the facility may be held accountable:
- negligent hiring
- understaffing
- inadequate training
- breach of statutory or regulatory obligations
- medication errors
Keep in mind that the facility is also “vicariously liable” for the misconduct of its employees, including the majority of actions performed within the course and scope of employment.
Nursing facilities frequently engage contractors or otherwise outsource certain chores to third parties as part of a resident’s care. These outside parties could also be responsible for a resident’s abuse or neglect.
For instance, the private security company providing security to the nursing home may be liable for nursing home negligence and therefore on the hook for damages if another resident or a guest visiting the nursing home injures a resident.
Can Third Parties Be Responsible for Nursing Home Abuse in Green Bay?
It is simple to believe that if a person is abused or injured, the nursing home is always held liable in court. However, this is not necessarily the case in terms of the law.
For instance, it could be reasonable to assume that a nursing home employee either purposefully or negligently caused a resident’s bodily injury, which results in a bone fracture.
But there may be more factors as well. Perhaps a wheelchair or other piece of medical equipment, such as a gurney, malfunctioned and caused the damage. There might be multiple persons at fault in the circumstance:
- the nursing home staff member may have improperly used the equipment
- outside contractor may have improperly maintained the equipment
- the wheelchair may have been improperly manufactured
- the wheelchair may have been improperly designed
Various additional circumstances, such as when medicine was erroneously administered by automated equipment or when a physical therapy device broke or malfunctioned, may also include third parties bearing (or sharing) responsibility. Maybe one of the locals got food sickness. In that case, either the outside contractor in charge of sanitizing the kitchen or the vendor who provided the food may be held legally liable.
Residents may occasionally suffer abuse or other harm because of visitors to the nursing home or trespassers on the site. In situations like those, the nursing home may be held accountable for failing to offer sufficient security. However, if the facility hires an outside security contractor to provide security, that company may also be held vicariously accountable for any negligence in the provision of its security services.
How Do You File a Claim for Nursing Home Abuse?
You can make a claim against a nursing home for abuse and neglect through the Wisconsin civil court, barring any arbitration agreements the nursing facility may have that restrict your ability to do so. You must bring a copy of the arbitration agreement if one exists so that we can advise you on your legal options.
According to Wisconsin law, you have three years from the time the personal injury or abuse was discovered to file this claim. If you are the legal guardian or personal representative of your loved one’s estate, you may submit a claim on their behalf. Additionally, you can bring your loved one to an initial consultation with one of our Wisconsin lawyers for nursing home abuse to discuss your legal action options.
You must establish the following three elements to bring a claim against a nursing facility that was negligent:
- You must prove that the nursing home had a legal obligation to provide care to your loved one.
- You must prove that the nursing home failed to uphold its legal obligation to provide care to your loved one.
- You must prove that the nursing home’s breach of care caused your loved one’s injuries.
What are the Steps in Filing a Claim for Nursing Home Abuse?
There are a few critical steps to taking your case forward, whether you are a nursing home patient or you are representing a family member or their estate:
Hiring an Experienced Nursing Home Abuse Attorney
Even though you are free to file a lawsuit against the nursing home on your own, it is to your best advantage to work with one of our experienced lawyers for nursing home abuse. Long-term care institutions and nursing homes are commercial enterprises. They can vigorously contest litigation because they have the resources, money, and – in certain circumstances – in-house legal teams.
Complex laws and regulations also apply to nursing homes and other facilities. It is essential to have an advocate on your side who is familiar with these laws while making a claim. Keep in mind that the key to proving abuse in nursing homes is experience. These issues are frequently challenging, but our nursing home abuse lawyer has experience addressing and succeeding in claims like yours.
Investigation of the Abuse or Neglect
You have the opportunity to discuss every detail of your case at your initial meeting with us. This may include:
- Medical records and photos of injuries
- Photos and videos you have taken of conditions at the facility
- A verbal account of what you have seen, heard, and experienced
- Any documents you have from the nursing home
This information will be used by our experienced lawyers for nursing home abuse to begin constructing a claim on your behalf. The measures our legal team takes during the inquiry process may include:
- Reviewing the contract you or your loved one signed with the nursing home
- Interviewing witnesses
- Visiting the facility to document conditions
- Interviewing the doctors who treated you or your loved one
- Enlisting medical experts to review injuries and treatment records
Abuse and neglect in nursing homes seldom occur in the same ways. The key to successfully resolving your claim is preparation, and we will act swiftly and decisively to create a strong case on your side.
Initiating Legal Proceedings
Once your case is ready, our skilled lawyers for nursing home abuse will file a complaint with the appropriate court on your behalf to start the legal procedure. The claim will contain details like:
- The parties in the case
- A statement of facts in the case (including details of the abuse or neglect)
- The legal principles involved
- The amount and types of damages sought
A representative for the institution will submit an answer to the court disputing the accusations of misconduct after serving notice of the lawsuit on the defendant. The process of discovery that follows is where both sides get ready for trial.
However, it’s unlikely that your lawsuit will ever set foot inside a courtroom. Our lawyers for nursing home abuse will bargain with the nursing home’s attorneys on your behalf during the discovery phase. The objective of these discussions is to come to a settlement that equitably makes up for the damages you and your family have endured.
Most incidents of nursing home abuse are resolved outside of court. However, it is crucial to cooperate with us as we are prepared to go to trial if necessary to obtain fair compensation.
Arbitration
These steps may not be followed exactly in your claim. Some nursing homes and long-term care institutions have inserted provisions into their contracts requiring disputes (including ones involving abuse and neglect) to be resolved via arbitration rather than court proceedings.
Alternative dispute resolution includes arbitration. You and our lawyers for nursing home abuse will present evidence in hearings presided over by an arbitrator or arbitration panel rather than making your case in front of a judge or jury in a courtroom.
In these cases, the nursing home provider has a clear advantage. The judgment of the arbitrator(s), unlike claims in court, is final, and the company not only chooses the rules of the arbitration as well as who will preside over it.
Unfortunately, you or a loved one may have agreed to arbitration by signing a form without realizing it. It is essential to speak with one of our knowledgeable Wisconsin lawyers for nursing home abuse so you are aware of your legal options and any limitations on your claim for nursing home abuse or neglect.
What Nursing Home Abuse Compensations are Recoverable in Wisconsin?
Nursing Home Abuse Compensations
You and your family may be eligible for financial compensation for the losses you have endured if you or a loved one has been injured as a result of abuse or neglect in a nursing home or other facility. The Wisconsin lawyers for nursing home abuse at Gage-Michaels Law Firm will aggressively pursue your claim to recover damages such as:
- Medical expenses
- Financial losses
- Pain and suffering
- Emotional distress and mental anguish
- Disability
- Disfigurement
- Property damage
- Loss of enjoyment of life
- Loss of companionship
- Punitive damages
The losses suffered will determine the amount of compensation you might be entitled to seek in your claim. It is crucial to speak with one of our lawyers for nursing home abuse right away to discuss your situation. We will carefully examine the losses you have incurred and provide you with guidance on how to proceed.
Wrongful Death Claim Compensations
Tragically, a patient may pass away as a result of abuse or neglect in a nursing home, assisted living institution, or other facilities. If your senior loved one died as a consequence of someone else’s carelessness, recklessness, or willful misconduct, you may be eligible to file a wrongful death claim.
Depending on whether you were the elderly person’s husband, domestic partner, child, or parent, you could be eligible to make a wrongful death claim. You might not be able to bring this kind of lawsuit if you were not one of these relatives.
In a wrongful death lawsuit, family members or the executor of the deceased’s estate may seek remuneration for the following losses:
- Medical expenses
- Funeral and burial expenses
- Loss of financial contributions
- Loss of inheritance
- Loss of society and companionship
If your loved one had a husband and children, the money you get may be split between them. If the dead individual was your spouse and you didn’t have any children, you could be eligible for the full amount of compensation. If your loved one left no surviving spouse but did have children, then each child may file a wrongful death claim and must establish their damages.
Contact Our Wisconsin Lawyers for Nursing Home Abuse Today!
When our loved ones can no longer care for themselves, we trust nursing homes and other facilities to give them the needed care. Individual personnel and the institution’s owners must be held responsible when employees and management at the facility betray this trust and abuse our loved ones.
At Gage-Michaels Law Firm, we have successfully pursued compensation on behalf of clients in nursing home abuse and neglect cases. When you choose our firm, you have access to all of our experience and sympathy, and we will work tirelessly to obtain the settlement you and your family truly deserve.
Call us right now to schedule a consultation. Our skilled lawyers for nursing home abuse represent clients in Green Bay and around Wisconsin.
