Can You Sue a Nursing Home for Failure to Monitor a Resident?

Nursing home residents and families can sue when a nursing home’s failure to monitor results in serious injuries. In Wisconsin, nursing homes have a legal duty to adequately monitor their residents, and when they fail to meet this duty, they can (and should) be held accountable.

Monitoring is an essential aspect of nursing home care. Residents may need help in a variety of scenarios, and when residents are incapable of calling for the help they need or recognizing that they are at risk, it is incumbent upon their nursing homes to provide professional support in a timely manner.

When nursing homes fail to provide professional support in a timely manner, they can (and should) be held accountable.

Failure to monitor is among the most common grounds for lawsuits against nursing homes in Wisconsin and other states across the country. Despite the clear and important obligation for nursing homes to monitor their residents, failure to monitor is a persistent issue. When residents don’t receive the support they need until it is too late, if they receive the support they need at all, this can have devastating consequences.

Common Reasons for Monitoring Failures in Wisconsin Nursing Homes

Nursing homes may fail to adequately monitor their residents for various reasons. While intentionally disregarding residents’ needs, which is a clear form of nursing home abuse, is unfortunately a very real issue, most cases involve mistakes and oversights that could (and should) have been avoided. For example, some of the most common reasons for inadequate monitoring in nursing homes include:

• Understaffing 
• Hiring inexperienced or unqualified staff
• Lack of staffing continuity 
• Failing to answer residents’ phone calls 
• Overlooking or patients’ needs
• Ignoring patients’ symptoms or other patient-related concerns 
• Failing to install locks or security cameras for exterior doors

These issues (among others) can leave nursing home residents exposed to a variety of risks. These include bedsores, dehydration, malnutrition, fall-related injuries, and elopement, among others. The risks associated with inadequate monitoring are precisely why monitoring is so important, and why nursing homes deserve to be held accountable when they fail to do what is required.

Accountability in Failure to Monitor Cases

When nursing homes fail to adequately monitor their residents, they can be held fully accountable for the consequences of their negligence or abuse. While individual circumstances vary, the types of compensation that are generally available to residents and their families in these cases include:

• Medical Bills and Other Out-of-Pocket Costs – Residents can seek to recover their medical bills and any other out-of-pocket costs they incur as a result of any medical conditions associated with their nursing home’s failure to monitor. In cases involving fatal injuries or illnesses, families can seek to recover their funeral expenses and other out-of-pocket costs as well.
• Physical Pain and Suffering – Failure to monitor can often result in significant physical pain and suffering for residents. Wisconsin law allows residents and their families to seek additional compensation for these non-financial costs in appropriate cases.
• Emotional Distress and Loss of Enjoyment of Life – Residents and families can seek additional compensation for emotional distress and loss of enjoyment of life in appropriate cases as well. Experiencing the effects of neglect or abuse can have a profound impact on aging residents’ lives, and this is also classified as a type of non-financial cost for which financial compensation is available.

These are just examples. When you sit down with an experienced Madison nursing home negligence lawyer, your lawyer will be able to provide a comprehensive and custom-tailored assessment of your legal rights. Then, based on this assessment, you will be able to make informed and confident decisions about your next steps.

First Steps if You Have Questions About Suing a Nursing Home for Failure to Monitor

Since nursing homes in Wisconsin have a legal obligation to adequately monitor their residents, residents and their families can file lawsuits when warranted. Talking to a lawyer is the first step in the process.

In this scenario, you should not communicate about the issue with your (or your loved one’s) nursing home directly, and you should not let the nursing home tell you what to do. Unfortunately, the nursing home may not have your best interests in mind. Once you hire a lawyer to represent you, your lawyer will be able to communicate with the nursing home’s lawyers on your behalf, and your lawyer will work to secure just compensation as efficiently as possible.

Speak with a Madison Nursing Home Negligence Lawyer for Free

If you need to know more about suing a nursing home for failure to monitor in Wisconsin, we encourage you to contact us promptly.

Contact the Madison nursing home negligence lawyers at Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.