Has Your Loved One Been Injured by Nursing Home Neglect or Abuse?

 Posted on December 16,2019 in Elder Abuse

Although nursing homes are designed to provide a high level of care for individuals who need round-the-clock monitoring, about 5 percent of the country’s nursing homes have been flagged for abuse. Nursing Home Compare, a government-run database, has added an icon to its listings of nursing homes that are cited for neglect or abuse, and facilities will remain flagged until they go one full year without an infraction. An injury caused by nursing home negligence can be physically and emotionally draining for both you and your loved one. If you suspect a friend or family member is suffering from nursing home abuse or neglect, working with an experienced personal injury attorney can help you understand your options for pursuing financial compensation from a negligent facility.

Types of Nursing Home Abuse and Neglect

According to Wisconsin law, nursing home abuse is defined as acts that are performed with the intent of causing harm to a nursing home resident. They may include physical abuse, sexual abuse, emotional abuse, or financial exploitation. Any acts which are meant to threaten, intimidate, humiliate, frighten, or harass a resident may be considered abuse. 

Neglect involves the intentional failure to provide care to a resident in a way that would cause pain, injury, or death. This may include failure to provide the necessary medical care or failure to meet a resident’s needs, such as allowing unsanitary living conditions. It also includes the use of unreasonable restraints, including the improper administration of sedatives, medications or other therapies.

Acts of neglect or abuse may be committed by nursing home staff, volunteers, other nursing home residents, or visitors to the establishment. Because a facility is responsible for protecting the safety and well-being of its residents, a facility may be liable for injuries that are inflicted by any of these parties.

Seeking Compensation for Neglect or Abuse

All nursing home residents have a right to live free from physical, emotional, and financial abuse, reprisal from staff members, and medical neglect. According to the Wisconsin Department of Health Services, all nursing homes must report alleged acts of abuse or neglect within two hours after the allegation is made. Victims of nursing home negligence can seek compensation for lost property or misappropriated funds, reimbursement for medical expenses, relocation expenses, physical rehabilitation expenses, or other related damages.

Contact a Milwaukee Nursing Home Negligence Lawyer

Not only does nursing home neglect and abuse affect a person’s quality of life, but severe abuse or carelessness can lead to wrongful death. If your loved one is showing signs of abuse (such as bruises, emotional trauma, bedsores, or malnutrition), the skilled team of Milwaukee, WI personal injury attorneys at Gimbel, Reilly, Guerin & Brown, LLP can help you determine your legal options and gather the necessary evidence needed to build a case. To schedule a free consultation, contact our office today at 920-739-7366.

Sources:

https://www.wsj.com/articles/new-government-tool-opens-window-into-nursing-home-abuse-11574159400?mod=hp_lista_pos4

https://www.dhs.wisconsin.gov/publications/p00981.pdf

https://www.dhs.wisconsin.gov/publications/p00976.pdf