All too often, nursing home residents fall victim to wrongful death, both at the hands of nursing home staff members and other residents.
When a wrongful death occurs at a nursing home, the individual’s family members inevitably want answers to the questions surrounding their loved one’s death.
What’s more, the surviving family is likely to want to hold the nursing home responsible for the tragedy that occurred on their watch.
If negligence led to the death of your loved one, certain surviving family members may be able to file a wrongful death claim against the nursing home, depending on the situation.
For instance, if your loved one died due to abuse by a staff member whom the nursing home failed to properly screen for a criminal history or closely monitor, even after complaints were made, the nursing home might be civilly liable for damages resulting from the resident’s death.
Likewise, if a nursing home is well aware that one of its residents is violent, and fails to take the steps necessary to prevent that resident from harming a fellow resident, then the nursing home also may be liable for wrongful death.
Up until recently, there was a major barrier to holding nursing homes responsible for their negligence in allowing the death of a resident to occur.
Arbitration clauses are quite common in nursing home contracts, and they often serve to limit public scrutiny of nursing home negligence by relegating the parties to pursue any relief only in binding arbitration. Recently, federal law banned the use of arbitration clauses in nursing home contracts; however, pursuant to a pending lawsuit, a federal judge now has put the new law on hold until the lawsuit is resolved.
As a result, it remains to be seen whether arbitration clauses in nursing home contracts will continue to tie the hands of families whose loved ones have died in a wrongful manner while in nursing homes.
The Wisconsin elder abuse lawyers of Boller & Vaughan have handled countless claims on behalf of nursing home residents who have suffered serious injuries and even death due to the negligent behavior of nursing home staff and facilities.
When a serious injury or death of a loved one occurs, we know just how devastating it can be, and how you powerless you feel as a result. Allow your family to begin the healing process from this traumatic event by holding the wrongdoers responsible for your loved one’s injuries.
Contact our office today and set up a FREE consultation with one of our experienced nursing home abuse attorneys.
Every county in the state of Wisconsin has an elder abuse agency that will investigate complaints or reports of elder abuse, neglect, or exploitation. If you want to report the suspected or confirmed abuse of […]
Community-based residential facilities (CBRFs) provide a residence for many individuals who do not need nursing care above an intermediate level, and who need only three hours per week of nursing care. By residing in a […]
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.