Nursing homes in Wisconsin have a legal duty to meet their residents’ basic needs. When they fail to uphold this legal duty and residents suffer as a result, they can be held liable for nursing home neglect.
Like nursing home abuse, nursing home neglect can take many different forms. However, neglect is distinguished from abuse by the element of intent. While abuse involves intentionally causing harm to a nursing home resident, nursing homes can generally be held liable for neglect even when a resident’s harm is unintentional.
Boller & Vaughan has extensive experience representing the victims of nursing home abuse and neglect. To discuss your case for FREE, call us at (608) 268-0268 today. Our nursing home neglect attorneys serve clients in Madison and throughout Wisconsin.
A report by the Wisconsin Department of Health Services provides an overview of neglect, abuse, and misappropriation in our state’s care facilities. While this may provide residents and their families with a general idea of what constitutes mistreatment, an exploration of common examples of nursing home neglect can help you identify the signs more readily.
Here are five all-too-common examples of neglect in nursing homes across Wisconsin:
It is imperative that nursing home residents receive the nutritious foods and liquids they need to live comfortable, healthy, and fulfilling lives. Malnutrition and dehydration present a variety of serious health risks for nursing home residents, from an increased risk of infections and related complications to an increased risk of falling and suffering traumatic physical injuries.
If a nursing home fails to provide a resident with adequate nutrition and hydration, this can constitute a clear form of neglect. When a resident relies on nursing home staff for his or her basic daily needs, failure to meet those needs will warrant a claim for liability in most cases.
Likewise, if a resident relies on nursing home staff to assist with his or her medications, failing to provide this assistance can constitute a clear form of neglect as well. Along with failure to assist with a resident’s medications, nursing home residents and their families may also have claims for negligence based on:
Any type of medication error in a nursing home can have very serious consequences. When medication-related negligence leads to health issues or complications that could (and should) have been avoided, liability is often clearly warranted.
Neglecting residents’ hygienic needs can clearly warrant liability as well. Here too, when residents rely on nursing home staff, failing to provide the assistance that residents need will generally constitute nursing home neglect.
Among other things, this may include failing to assist residents with bathing, brushing their teeth, and going to the bathroom. Failure to provide clean clothing, bedsheets, and towels may also constitute nursing home neglect.
When residents are immobile or need help getting up or getting around, failing to provide for residents’ physical needs can also constitute a clear form of nursing home neglect. This includes everything from failing to reposition residents in their beds to avoid bedsores to failing to provide support for walking to the bathroom or common areas of the nursing home.
Neglect by nursing home staff may result in bedsores and other physical injuries. It may also lead to social isolation, anxiety, and other adverse psychological consequences as well.
When residents need help managing injuries or illnesses, nursing homes generally have an obligation to assist with residents’ medical needs as well. Likewise, if a resident needs medical care (or is exhibiting symptoms which suggest that the resident may need medical care) outside of the nursing home, failing to assist the resident with obtaining any necessary medical care may also constitute nursing home neglect under Wisconsin law.
Neglect in nursing homes happens for lots of different reasons. While these reasons can all explain why a nursing home has neglected a resident’s needs, none of them are excuses for failing to meet a nursing home’s legal obligations.
Some of the most common reasons for nursing home neglect include:
If you suspect that these or other issues may be to blame for substandard care that you or an aging loved one received in a Wisconsin nursing home, we strongly recommend speaking with a lawyer about your legal rights. An experienced nursing home neglect lawyer will be able to help you make informed decisions about your next steps and, if warranted, pursue a claim against the nursing home on your behalf.
The signs that a nursing home resident is neglected may not always be obvious, even to family members and close friends. If your loved one lives in a nursing home, regular visits and attention to their health and well-being are paramount for ensuring that they are not being mistreated or ignored by staff.
Do you have concerns about neglect in a Wisconsin nursing home? If so, we encourage you to contact Boller & Vaughan promptly. Our attorneys know what nursing home neglect looks like, and we fight to hold facilities accountable.
To speak with an experienced Madison nursing home neglect lawyer in confidence, please call (608) 268-0268 today. Your initial consultation is FREE and 100% confidential.
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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.
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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.
