MILWAUKEE NURSING HOME ABUSE & NEGLECT ATTORNEYS
Discovering that a loved one has been the victim of neglect or abuse is emotionally devastating.
When your loved one goes to stay in a nursing home or assisted living facility, you’re entrusting their care to a diverse team of professionals. Doctors, nurses, dieticians, housekeepers, groundskeepers, maintenance, activity coordinators, and others all play a role in helping your loved one’s time be as safe, healthy, and happy as possible.
But nursing home and assisted living residents are extremely vulnerable to elder abuse by staff and contractors who may not always have their best interests at heart. Unfortunately, simple mistakes or neglect by well-meaning but poorly trained or overextended staff can be just as dangerous. They can violate not only the written law, but what we’d all hope for ourselves and those we love—to die with dignity.
The feelings of betrayal or guilt you may feel are not your fault and not something you have to face alone. If your loved one has been harmed after not getting the care they deserve at a nursing home or assisted living facility, Barton Cerjak S.C. will help your family find accountability. You and your loved one shouldn’t have to pay for someone else’s mistakes or misconduct.
Relentless Pursuit of Justice for Elder Abuse Victims
Every nursing home or assisted living abuse or neglect case is different. Each case requires thorough investigation and a customized legal approach.
Nursing homes are complex environments governed by a multitude of state and federal regulations. Assisted living facilities are regulated separately from nursing homes, typically falling solely under state regulations.
Figuring out who was legally responsible for your loved one’s injuries, neglect, or abuse—and righting the wrongs that were done to them—often requires digging deep.
Individual staff members who mistreated your loved one might be liable, but fuller fault often lies somewhere within the tangled web of companies that control each facility. Systemic issues such as insufficient staff training or failing to provide legally required services or physical resources are frequently traceable to decision-makers.
Over the past 10 years, attorney Michael Cerjak has specialized in representing clients seriously harmed by substandard care, errors, or systemic deficits in nursing homes and long-term care facilities. Before that, he spent years representing facilities and healthcare providers themselves. We have unique insight into both sides of these cases. And we know how to fight back when the nursing home facility denies responsibility, or the insurance company tries to lowball your loved one with a bad settlement offer.
Let’s work together to get your family the compensation and accountability you deserve.
Common Signs of Nursing Home Abuse or Neglect
Elder neglect and abuse often go undetected. Your loved one may not be upfront with you about their experiences for any number of reasons. They might not even realize they’ve been taken advantage of. And even if they do, they still might hesitate to talk about it, even with close family members.
However, the signs of elder abuse and neglect are often present to a careful observer. Be on the lookout for:
- Emotional abuse, such as threats, intimidation, or any action meant to make your loved one feel humiliated, isolated, or alone. Warning signs include sudden and unexplained behavioral changes or depression, or fear of specific staff members.
- Physical abuse, involving anything that inflicts unnecessary pain or injury (including excessive restraints). Warning signs include unexplained bruises, marks, or other physical injuries.
- Financial abuse, including theft or unauthorized use of your loved one’s financial resources. Warning signs include unexplained financial transactions or missing personal items.
- Neglect of basic needs, failing to provide timely essential care and services like food, water, and hygiene. Warning signs include dehydration, malnutrition, weight loss, and soiled bedding or clothing.
- Medical neglect, which can include ignoring symptoms, failing to administer prescribed treatments or medications, or delaying emergency response. Warning signs include bedsores, worsening health conditions, or missed medications.
- Sexual abuse. Warning signs include torn clothing, sudden behavioral changes, or agitation when bathing or dressing.
What to Do if You Suspect Nursing Home Neglect or Abuse in Wisconsin
If you know or suspect that your loved one has been the victim of neglect or abuse, it’s important to take swift action. As soon as possible:
- Document. Collect as much information as you can. Talk to your loved one about the treatment they’ve received and write down or record what they tell you. Take photos of injuries or unsanitary conditions. Share any concerns or observations you have with any other family members who visit your loved one regularly.
- Report. File a direct complaint with the facility. You can also file an anonymous complaint with the Wisconsin Department of Health Services, Division of Quality Assurance (DQA), via their toll-free hotline at 800-642-6552. If your loved one has been mistreated, it is highly likely there are other nursing home abuse cases at the same facility.
- Contact Barton Cerjak. It’s critical to speak to a Wisconsin nursing home abuse lawyer as soon as possible. Every nursing home negligence case is unique, and we need to begin collecting evidence as soon as possible. This is the best way to ensure your loved one’s legal rights are protected.
The Law Is on Your Side
Wisconsin law (DHS 132) establishes a system of rules and regulations for nursing homes, as well as important rights and protections for all nursing home residents.
Your loved one has a legal right to hygiene, prevention of bedsores, basic nursing care, rehabilitative services, a healthy diet, proper administration of medications, care planning, and freedom from physical or chemical restraints without a written order from a physician. Nursing home facilities are also required to notify a resident’s guardian if there are any significant medical or non-medical changes in their condition. This is on top of federal protections, including the Nursing Home Reform Act of 1987.
Assisted living facilities are regulated under state law but not federal law. Approaches toward assisted living facility cases may differ in some ways compared to nursing home cases.
Under Wisconsin law, once you discover abuse, you have three years to file a lawsuit. However, the sooner you begin working with an attorney, the better your chances of getting the justice and accountability you deserve.
Compensation Available in Wisconsin Assisted Living and Nursing Home Abuse Cases
Financial compensation available to victims of nursing home abuse depends on the type and severity of the harm caused, as well as the future impact on their medical needs and quality of life. In general, victims can seek compensation for things like:
- Medical expenses (for treatment, therapy, rehabilitation, etc.)
- Financial losses (from theft, fraud, etc.)
- Physical pain and suffering
- Emotional trauma
- Loss of quality of life
If your loved one died because of neglect or abuse, you can also file a wrongful death claim and seek compensation for funeral and burial costs, mental anguish, loss of support and companionship, and other losses.
In some elder abuse cases, victims can also obtain punitive damages as added punishment for nursing facilities, staff, or individuals who acted with intentional disregard or malice (as opposed to mere negligence).
Calculating damages is a difficult process and insurance companies typically do not have your loved one’s best interests at heart. They often will argue that any new injuries or worsening medical conditions were caused by normal aging rather than abuse or neglect. They might also try to dismiss or minimize the seriousness of any emotional trauma. Fighting back against these tactics requires a law firm that understands the complexity of these cases and won’t back down.
Representative Matters
- $800,000 settlement on behalf of a long-term care resident who sustained serious injuries during negligent transport.
- $795,000 settlement secured for the family of a resident who died from sepsis following the development of infected pressure wounds.
- $600,000 settlement obtained for a resident injured in a fall caused by improper use of a Hoyer lift during transfer.
- $500,000 settlement for the wrongful death of a resident who suffered from an untreated infection.
- $400,000 settlement reached on behalf of a resident who sustained unexplained abrasions while in care.