Nursing home abuse is a serious issue in Wisconsin, and reporting abuse is critical for making sure it doesn’t happen again. Reporting abuse is also critical for protecting residents who have suffered physical, psychological, or financial harm.
While nursing home residents and family members can report abuse at any time, there are time limits for seeking to hold nursing homes accountable. Reporting delays can also make it more difficult to prove what happened in some cases. With this in mind, while residents and family members may technically have up to three years to report nursing home abuse (more on this below), we strongly recommend taking action as soon as possible.
If you look online, you may see references to a two-hour time limit to report nursing home abuse in Wisconsin. This applies to nursing homes—it does not apply to nursing home residents. As the Wisconsin Department of Health Services’ Division of Quality Assurance (DQA) explains:
“All nursing homes must immediately report alleged violations involving mistreatment, neglect, exploitation, or abuse . . . . If the events . . . involve abuse or result in serious bodily injury, nursing homes must report the violation to the administrator of the facility and DQA no later than two hours after the allegation is made. All other allegations . . . must be reported no later than 24 hours after the allegation is made.”
This short time window for reporting nursing home abuse is intended to protect residents who have been victimized. By requiring nursing homes to report allegations of abuse within two hours, the DQA is attempting to ensure that abused residents can receive the care, support, and protection they need as soon as possible.
While nursing homes only have two hours to report incidents of abuse in Wisconsin, residents and their families have much longer. In fact, residents and their families can—and should—report nursing home abuse at any time. As we have discussed previously, abuse in nursing homes is rarely a problem that goes away on its own. Instead, it is up to residents and their families to speak up when they have been victimized or when they have concerns.
With that said, when it comes to holding nursing homes accountable for abuse, time limits do apply. Specifically, residents and their families have three years to file a claim for nursing home abuse in most cases. This three-year time window generally runs from the later of:
The three-year time window for filing a claim applies to all forms of physical, sexual, and psychological abuse. In cases involving financial abuse, residents and their families may have up to six years to take legal action—not three. Financial abuse is a major problem in nursing homes as well; and, while it may not directly impact residents’ physical or emotional wellbeing, it can still have serious consequences, and it still warrants appropriate legal action.
No matter how long it has been since you or a loved one experienced abuse in a Wisconsin nursing home, it is important to take action promptly. Not only can waiting to take action make it more difficult to hold the nursing home accountable in some cases, but it can also increase the risk of further abuse.
In this scenario, taking action involves:
An experienced nursing home abuse lawyer will be able to help you understand your situation and your legal rights. Your lawyer will then be able to take appropriate legal action on your behalf. In this scenario, hiring a lawyer does not cost anything out-of-pocket, and an experienced lawyer will be able to protect your legal rights while helping you make informed decisions with your (and your family’s) best interests in mind.
If you need more information about reporting nursing home abuse in Wisconsin, we strongly encourage you to contact us right away. Boller & Vaughan has dedicated its practice to protecting the rights of vulnerable residents of nursing homes and assisted living facilities. We understand the many hardships faced by the victims of elder abuse and their families, and we are committed to helping victims move forward with dignity.
Contact the Madison nursing home abuse 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.
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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.
