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Lawsuits Against CBRFs Based on Negligence

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 CBRF, individuals can maintain a fair amount of independence and remain in their communities, while still receiving the type and amount of nursing care that they need. Although not as heavily regulated as nursing homes, those individuals or companies that operate CBRFs still have the duty to maintain the safety of their residents under Wisconsin state law.

Due to the nature of these facilities, it is fair to say that residents are not closely monitored. However, what happens when the CBRF operators become aware that a resident’s physical or mental state deteriorates to the point that a limited amount of nursing home is no longer sufficient? At what point does the CBRF become liable if it becomes aware that a resident poses a threat or danger to other residents? These are situations in which a CBRF is potentially liable for negligent behavior that leads to injuries being suffered by a resident.

If a CBRF is found liable for a resident’s injuries, the measure of damages is quite different from that in a regular personal injury action. Damages are largely limited to past and future medical bills, past and future pain and suffering, and punitive damages, in appropriate cases. There is no measure of lost wages or loss of future income, since long-term care residents are obviously unable to work, and their life expectancies are limited. Furthermore, in a wrongful death case, funeral and burial expenses may be recoverable as damages.

CBRFs offer an alternative to individuals who do not need to be confined to a nursing home, in that they do not need an extensive amount of regular or skilled nursing care. At Boller & Vaughan, we are here to stand up for the rights of all CBRF residents who have suffered substantial injuries while under the care of those are supposed to prevent such injuries from occurring. Contact us today at (608) 268-0268, set up an appointment with one of our Wisconsin CBRF abuse attorneys, and discover how we can help.