Disclaimer: Eisenberg Law Offices, S.C. does not handle nursing home abuse cases. This article is for informational purposes only.
If your loved one was a victim of nursing home abuse in Madison, WI, you could be entitled to compensation. An experienced Madison nursing home abuse lawyer can explain your rights and help you get the compensation you deserve for medical bills, pain and suffering, and other losses.
Nursing home abuse cases can be complex and emotionally challenging for families. These situations often involve serious injuries, long-term medical needs, and questions about accountability within care facilities. Understanding the legal standards that apply can help families better evaluate their options and next steps.
How an Attorney Can Help With a Nursing Home Abuse Claim in Madison, WI
Nursing home abuse cases are heartbreaking and difficult for all parties involved. They are also some of the most difficult cases to prove.
It often takes an experienced attorney to gather the right evidence and build a strong claim to ensure that nursing homes are held accountable for their negligence.
When you hire a Madison personal injury lawyer, they will:
- Investigate the abuse
- Gather evidence to support your claim
- Work with experts to strengthen your case
- Calculate the value of your losses
- Demand compensation from the liable parties
- Negotiate for a fair settlement
- If necessary, file a lawsuit and represent you in court
- Keep you updated on the status of your case
- Handle all administrative tasks
Navigating a nursing home abuse claim can be overwhelming, particularly while caring for an injured loved one. Understanding the role an attorney may play in these cases can help families make informed decisions about how to move forward.
How Common Is Nursing Home Abuse in Wisconsin?
Unfortunately, nursing home abuse is more common than most people realize. Data from the Wisconsin Department of Health Services reports that there were over 5,000 incidents of reported elder abuse in a recent year. This includes financial exploitation, emotional abuse, physical abuse, and sexual abuse.
Of the cases reported, over 400 incidents occurred in nursing homes. This data is troubling on its own. However, it’s made worse by the reality that nursing home abuse is historically underreported.
If you’re concerned that your loved one is being abused, take action as soon as possible to ensure that they’re protected and abusers are held accountable for their actions.
Types of Nursing Home Abuse
There are many different types of abuse that nursing home residents face, including:
- Financial abuse: Older adults are often the target of financial exploitation. Nursing home residents are at an even higher risk than others of being victims of financial abuse. This can include theft, identity theft, and the alteration of legal documents.
- Physical abuse: Physical abuse can include hitting, punching, or pushing. It can also include withholding necessary medicine or medical treatment.
- Sexual abuse: Vulnerable nursing home residents, especially those with dementia or cognitive impairment, are at risk of sexual abuse. The sexual abuser can be a nursing home employee, a health care provider, a visitor, or another resident.
- Emotional abuse: Emotional abuse includes verbal abuse, humiliation, and threats. It often goes underreported because victims are ashamed to tell anyone that it’s happening.
- Nursing home neglect: Neglect is one of the most common types of nursing home abuse. It can be either active, when a staff member purposely ignores your loved one’s needs, or passive, when a nursing home doesn’t have adequate staffing or training to provide residents with the care they need.
Because nursing home abuse does not always look the same from case to case, it’s important to understand how different forms of mistreatment may arise in long-term care settings. Awareness can play a key role in improving resident safety and accountability.
Identifying Signs of Nursing Home Abuse
One of the particularly heartbreaking aspects of nursing home abuse is how often it goes unreported. In some cases, victims are not able to communicate what is happening.
In others, they’re too ashamed or embarrassed to tell anyone about the abuse. And in some instances, victims report the abuse, but they’re not taken seriously. This happens frequently when a resident has a history of confusion or cognitive impairment.
If you’re concerned that your loved one is being abused, be proactive about investigating the case and taking action to ensure they’re protected.
Some common signs of nursing home abuse are:
- Changes in personality
- Frequent injuries
- Unexplained injuries
- Bruises, cuts, or other physical marks
- Pelvic injuries
- Bedsores
- Sexually transmitted disease
- Genital infections
- Malnutrition or weight loss
- Appearing withdrawn or depressed
- Unexplained financial transactions
- Unsanitary conditions
- Changes in hygiene
Not every sign of nursing home abuse is immediately obvious, and some may develop gradually over time. Understanding what to look for can help families respond thoughtfully and take steps to protect their loved ones.
What Are the Long-Term Consequences of Nursing Home Abuse?
Nursing home abuse can lead to long-term physical, mental, and financial harm. Tragically, in some instances, it’s even fatal.
Some of the most common consequences of nursing home abuse and neglect are:
- Infections
- Bedsores
- Broken bones
- Physical injuries
- Dehydration
- Malnutrition
- Inadequate medical care
- Depression
- Post-traumatic stress disorder
- Pneumonia and respiratory illness
- Financial loss
- Wrongful death
- Decreased life expectancy
For many residents, the effects of nursing home abuse do not end when the mistreatment stops. Physical injuries, emotional trauma, and financial losses can continue to affect both residents and their families for years.
Common Causes of Nursing Home Abuse
Many different things can cause nursing home abuse. Identifying causes and liable parties can be tricky.
Some of the most common causes of nursing home abuse are:
- Negligent hiring
- Failure to conduct background searches
- Inadequate training
- Inadequate supervision
- Understaffing
- Failure to provide sanitary living conditions
- Failure to provide adequate medical equipment
- Failure to seek necessary medical attention
- Inadequate security
If you hire an attorney, they can conduct a thorough investigation to identify all causes of nursing home abuse. Then, they will build a strong case to ensure the responsible party is held accountable.
What Damages Are Available in Madison Nursing Home Abuse Cases?
Nursing home abuse victims and their families can seek compensatory damages from liable parties, including economic and non-economic damages.
Economic damages compensate victims for tangible financial losses, including:
- Current and future medical expenses
- Lost income while helping a family member after nursing home abuse
- Relocation costs from one facility to another
- Financial restitution
- Counseling
Non-economic damages are more abstract and compensate victims for personal or non-financial losses. They can be difficult to calculate.
Some common types of non-economic damages include:
- Pain and suffering
- Loss of consortium
- Emotional distress and mental anguish
- Anxiety, depression, and post-traumatic stress disorder
In rare cases, punitive damages may also be awarded. Your nursing home abuse lawyer will gather evidence and build a strong case to ensure you get the compensation your family deserves.
How Long Do I Have to File a Nursing Home Abuse Lawsuit in Wisconsin?
In Wisconsin, the statute of limitations for most personal injury claims is three years. This means you have three years from the date of the abuse to file a lawsuit against the responsible parties. However, there are some exceptions to this general rule.
After the statute of limitations has expired, victims have no right to recover compensation from the liable parties. Investigating a case, gathering evidence, and filing a claim can take time. Contact a Madison personal injury attorney as soon as possible to ensure your rights are protected.
Concerns about nursing home abuse can be overwhelming, especially when a loved one’s safety and well-being are at stake. Understanding the signs of abuse, potential consequences, and available reporting and legal options can help families take thoughtful steps to protect vulnerable residents and address mistreatment.
If you suspect that your loved one has been abused in a nursing home in Madison, Wisconsin, reach out to an attorney as soon as possible for guidance.