What to Do If a Loved One Was Harmed in a Memory Care Facility

If someone you love has been harmed in a memory care facility, you may feel shocked, angry, and unsure of what to do next. While memory care facilities are supposed to provide safe and supportive environments where residents with dementia and other debilitating cognitive conditions can age gracefully, sadly, this doesn’t always happen. Whether due to neglect or abuse, every year, many residents of memory care facilities in Wisconsin suffer harm that could—and should—have been avoided. In this scenario, taking legal action is important, as holding the facility accountable can provide the financial resources victims and their families need while also helping to reduce the risk of the same thing happening again. 

5 Important Steps to Take If a Loved One Was Harmed in a Wisconsin Memory Care Facility 

With this in mind, if a member of your family has been harmed in a memory care facility in Wisconsin, here are five important steps you should try to take as soon as possible: 

Step 1: Help Your Loved One Get the Medical Care He or She Needs 

First and foremost, you should do what you can to make sure your loved one gets the medical care he or she needs. If necessary, you should call 911. If emergency medical care is not necessary and you have a way to safely transport your loved one to the hospital, you should either go to the emergency room (ER) or schedule an appointment right away. 

Under no circumstances can the memory care facility restrict you from taking care of your loved one. The facility cannot intervene in your loved one’s care, and it cannot restrict who you call or where you take your loved one for diagnosis and treatment. 

Step 2: Do Your Best to Document What Happened 

Once your loved one is safe, you should next do your best to document what happened. If your loved one is cognizant, you should speak with him or her to gather as much information as possible. You should also take photos to document your loved one’s injuries, and you should try to make sure you have access to your loved one’s medical records. 

With that said, if all you know is that your loved one was harmed in a memory care facility, that’s okay. Our lawyers can conduct an investigation focused on uncovering what happened, why it happened, and who was involved. Once we have the information we need, then we can advise you regarding your family’s legal rights. 

Step 3: Be Careful About Relying on Any “Advice” From the Memory Care Facility 

At this stage, you should be careful about relying on any “advice” you receive from the memory care facility. The unfortunate reality is that the facility probably doesn’t have your family’s best interests in mind. If your loved one was severely injured, the facility could be facing substantial liability, and it will most likely be focused on protecting its finances and its reputation rather than doing what is right. 

While you should be wary of trusting what the memory care facility tells you, you should be sure to keep any written or electronic communications you receive. If you speak with anyone at the facility over the phone or in person, take notes to document your discussions as well. These communications could all be relevant to your family’s claim for liability. 

Step 4: Keep Track of the Costs Associated with Your Loved One’s Harm 

Going forward, you will want to do your best to keep track of the costs associated with the losses your loved one sustained after being harmed in a memory care facility. This includes not only medical costs, but transportation costs and any other out-of-pocket expenses as well. Here too, our lawyers can take the lead on gathering the documentation we need to pursue your family’s claim, but any documentation you can provide will be helpful.  

Step 5: Talk to a Lawyer About Your Family’s Legal Rights 

The financial and non-financial costs associated with being harmed in a memory care facility due to negligence or abuse can be substantial. With this in mind, it will be important for you to talk to a lawyer about your family’s legal rights. At Boller & Vaughan, we handle claims against memory care facilities, nursing homes, and other long-term care facilities across Wisconsin, and we can take immediate action on your family’s behalf if necessary. 

Talk to a Lawyer in Madison for FREE

If your loved one has been harmed in a memory care facility in Wisconsin and you need to speak with a lawyer, we encourage you to contact us right away. 

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