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Can a Nursing Home Be Liable for Injuries Caused by Another Resident?

Nursing homes in Wisconsin can be held liable for injuries caused by other residents in various circumstances. As a general rule, nursing homes have a legal duty to provide a safe living environment for their residents. This includes taking adequate steps to ensure that their residents do not harm one another. 

Nursing home residents should not have to worry about their safety. They should consistently receive the care and support they need, and they should feel comfortable in their living environments. 

Unfortunately, this doesn’t always happen. 

Nursing Homes Can Be Held Liable for Resident-on-Resident Assaults and Injuries in Many Cases

As we have discussed at length in previous articles, neglect and abuse in Wisconsin nursing homes are both very real concerns. Staff members’ oversights and misdeeds can put residents at risk—and they do put residents at risk far too often. But, staff members aren’t the only ones who can harm nursing home residents. Other residents can cause harm as well. 

When nursing home residents suffer injuries caused by other residents, liability will often rest with the nursing home. In this scenario, there are various potential grounds to hold the nursing home accountable: 

  • Inadequate Staffing – Inadequate staffing is a common issue among Wisconsin nursing homes. If a nursing home is understaffed, it may not be able to provide the care, support, and oversight required to keep its residents safe on a day-to-day basis.  
  • Inadequate Staff Training – Along with inadequate staffing, inadequate staff training is a significant concern as well. If staff members do not know how to identify risks or intervene when necessary, they won’t be able to protect residents who are in danger. 
  • Inadequate Supervision – Even if a nursing home is adequately staffed, this doesn’t necessarily mean that its staff members will do what is necessary to protect its residents. Inadequate supervision is a common factor in resident-on-resident assaults and abuse.
  • Inadequate Security – A nursing home may be held liable for inadequate security that contributes to a resident’s injuries. This includes failures ranging from failing to install security cameras to failing to fix broken locks on doors to residents’ rooms. 
  • Ignoring Care Plans – When residents pose risks to themselves or others, carefully following their care plans is even more important than usual. If a nursing home ignores a resident’s care plan and he or she ends up assaulting or abusing another resident, the nursing home could be held liable for subsequent injuries sustained by residents. 
  • Ignoring Warning Signs – Just as nursing homes must observe residents’ care plans, they must also observe warning signs that individual residents may pose dangers to others. If a nursing home ignores warning signs and a high-risk resident ends up assaulting or abusing another resident, the nursing home may be liable for the injuries. 

When dealing with the consequences of a resident-on-resident assault or resident-on-resident abuse, it is important to seek treatment promptly. Residents and their family members also should not hesitate to contact the police if necessary. As soon as possible, residents or their family members should speak with a lawyer as well—as there are several important ways an experienced lawyer will be able to help in this scenario. 

How Our Lawyers Help in Cases Involving Resident-on-Resident Assaults and Abuse

If you or a loved one has been injured by a resident of a Wisconsin nursing home, our nursing home neglect lawyers can work to hold the nursing home accountable. We can also explain everything you need to know, and we can help you make informed and confident decisions about your next steps. Some of the specific ways we can help in this scenario include:

  • Conducting an investigation to identify all grounds to hold the nursing home accountable 
  • Communicating with the nursing home’s administrators on your behalf
  • Filing a liability claim with the nursing home’s insurer and seeking coverage on your behalf 
  • Dealing with any accusations that you or your loved one is partially to blame 
  • Taking formal legal action to seek accountability if necessary

It costs nothing to speak with one of our lawyers, and we handle all nursing home neglect cases at no out-of-pocket cost to our clients. To learn more, contact us today. 

Speak with a Madison Nursing Home Neglect Lawyer for FREE 

If you or a loved one was injured by another resident in a Wisconsin nursing home, you deserve to know why it happened and whether the nursing home could have prevented resident-on-resident assaults and abuse can be signs of inadequate supervision, poor staffing, ignored warning signs, or other failures by the facility.

The nursing home may not voluntarily provide the information you need to understand what went wrong. Our Madison nursing home neglect lawyers can investigate the incident, review care and facility records, identify prior warning signs, and help determine whether the nursing home may be liable for a resident’s injuries. If the nursing home is responsible, we can pursue appropriate compensation and accountability on your behalf.

Contact the Madison nursing home neglect 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.