The Abuse of Individuals at Risk Act, which is located at Wisconsin Statutes 940.285, is a Wisconsin state law that is designed to penalize those individuals who abuse any individual at risk, which can include both an adult and an elder adult. With a few exceptions, this law provides that any person who intentionally, recklessly, or negligently subjects an individual at risk commits a criminal offense. If the person’s actions result in death, the person can be charged with a Class D or Class C felony, depending on the person’s level of intent. On the other hand, if the actions lead to great bodily harm, the crime is a Class F felony. If the actions are likely to cause great bodily harm, the crime is a Class G or Class I felony, depending on the level of intent. Actions resulting in bodily harm may be either a Class H or Class I felony, again depending on intent. Finally, if a person’s actions are not likely to cause bodily harm, then the crime is a Class B misdemeanor.
It is important to note that the Abuse of Individuals at Risk Act does not apply to staff members at residential care facilities, such as nursing homes and assisted living facilities. There is a separate statute, located at Wisconsin Statutes 940.295, which provides for criminal penalties in these situations.
Boller & Vaughan knows elder abuse law and has the experience to help you through any type of elder abuse claim. No matter what type of nursing home facility abuse or neglect is at issue in your case, we can help. All too often, residents and their families are reluctant to demand justice for situations that occurred in the resident’s care. In this situation, you can count on your Madison elderly abuse attorneys to guide you through every step of the personal injury claims process.