Passive neglect is an issue in nursing homes across Wisconsin. While all nursing home residents are entitled to the care and support they need to live safely and comfortably, it is clear that nursing homes fail to meet their residents’ basic needs far too often.
In many cases, passive neglect will be indicative of abuse. However, even when passive neglect does not rise to the level of abuse, it can still warrant legal action. Nursing homes can—and should—be held liable for both negligence and abuse; and, at the very least, failing to meet a resident’s basic needs constitutes negligence under Wisconsin law.
When it comes to determining whether passive neglect constitutes negligence or abuse, the key question is intent: If caregivers or administrators intentionally neglect a nursing home resident, this will generally constitute nursing home abuse under Wisconsin law. If caregivers or administrators unintentionally neglect a resident’s needs, then this will generally be classified as negligence rather than abuse.
As we said above, however, both negligence and abuse are wrongful—and they both warrant legal action. Simply put, there are no excuses for neglecting a nursing home resident’s needs under any circumstances.
How can you determine if passive neglect is intentional (and, as a result, indicative of abuse)? The reality is that it isn’t always easy to tell. However, statements to residents, communications among nursing home staff and administrators, internal documentation, and various other forms of evidence may be available—and, if you need to take legal action, our lawyers can work to gather the evidence we need to prove your legal rights.
If there isn’t evidence of intentional abuse, there will most likely be evidence of negligence. Negligence in nursing homes can take many forms, including (but not limited to):
Regardless of why it happened, if you or a loved one has experienced passive neglect in a Wisconsin nursing home, you can—and should—take action. In this scenario, your first step is to schedule a free consultation. Our lawyers can explain everything you need to know, and we can take appropriate legal action on your behalf.
Sadly, instances of passive neglect rarely improve on their own, so taking legal action can be essential for protecting yourself or your loved one. Our lawyers can take action immediately if necessary, and we will work closely with you throughout the process to ensure that you feel comfortable and confident every step of the way.
If you need to know more about how to deal with passive neglect in a Wisconsin nursing home, we encourage you to contact us promptly. We are more than happy to provide a free, no-obligation consultation; and, if you need help, we can deal with your (or your loved one’s) nursing home at no out-of-pocket cost to you.
Boller & Vaughan has built a reputation for excellence in nursing home wrongful death cases throughout Wisconsin. We understand the complexities of these difficult cases, and we know how to achieve justice for our clients.
Don’t face the abuse of your loved one alone. Contact Boller & Vaughan today online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
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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.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
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.
