There is no excuse for abuse in a nursing home or assisted living home. If you or a loved one has been abused, it is important that you take action—not only to protect yourself or your loved one, but to protect other residents as well.
The data shows that abuse in nursing homes and assisted living homes is a systemic problem. In other words, if you or a loved one has been victimized, then other residents have likely been victimized as well. The data also show that abuse is rarely an issue that ends on its own. As a result, getting help is usually essential for residents’ protection.
Victimization can have significant, long-term, and in some cases, permanent consequences. For residents of nursing homes and assisted living homes, this includes consequences that are physical, psychological, and financial in nature. The recovery process can be long, difficult, and costly—and, in some cases, the scars of physical and emotional trauma will never fully go away.
When an employee of a nursing home or assisted living home abuses a resident, the home can (and should) be held accountable. Nursing homes and assisted living homes in Wisconsin have a legal duty to ensure their residents’ health and safety, and they can be held liable for their employees’ misconduct and criminal acts.
Even if staff members offered assistance or offered their sympathies, this does not absolve the nursing home or assisted living home of liability. Nursing homes and assisted living homes have a duty to prevent abuse—and, once a resident has been abused, no amount of support or sympathy will make things right.
In some cases, residents and their family members may be hesitant to file a claim against their nursing home or assisted living home. Usually, this is for one of two reasons—either: (i) they don’t want to cause trouble for the nursing home or its employees; or, (ii) they fear retribution or reprisals.
Neither of these concerns should prevent you from coming forward. First, in the vast majority of cases, nursing homes and assisted living homes have insurance that covers their liability for abuse. So, those employees who weren’t involved will still have jobs, and other residents will still have a place to live if they choose to remain at the facility. Second, nursing homes and assisted living homes cannot legally retaliate against residents or family members who file claims. If you have concerns about retaliation, our lawyers can help—including helping you transition to another facility.
Another reason why some residents are hesitant to come forward is that they don’t know whether what they have experienced qualifies as abuse. They need a place to live, and they don’t want to raise concerns if there are no concerns to be raised. But, the simple fact is that if you have concerns about abuse, then there is a good chance that you should seek help.
Abuse in nursing homes and assisted living homes can take many different forms. For example, these facilities can be held liable for employees’ acts including:
All nursing home residents are entitled to the support and services they need to live as comfortably as possible. As a result, depriving nursing home residents of essential support and services—such as providing assistance with mobility, personal hygiene, and use of the restroom—constitutes a clear form of nursing home abuse.
Depriving nursing home residents of their medications, the food and hydration they need to live comfortably, and access to friends and loved ones are all clear forms of nursing home abuse as well. If you have questions or concerns about any possible form of deprivation in a Wisconsin nursing home, we strongly encourage you to contact us for a free, no-obligation consultation about your legal rights.
Financial abuse, or financial exploitation, is another form of nursing home abuse that can take many different forms. Stealing cash, checks, and credit cards are all extremely common forms of financial abuse in Wisconsin nursing homes. However, financial abuse can also involve things like charging unauthorized and excessive fees, billing for services not rendered, and pressuring (or intimidating) nursing home residents into modifying the terms of their estate plans. As soon as you have any concerns about financial abuse, you should talk to a lawyer right away.
Nursing home abuse does not have to involve an overt act of abuse. It can also involve neglecting a nursing home resident’s needs. For example, if a resident needs help getting out of bed, failing to visit the resident every morning would be a clear form of neglect. Likewise, if a resident needs help getting to the dining room at meal times, leaving the resident alone in his or her room would constitute a clear form of neglect in this situation as well.
Along with deprivation and financial abuse, physical abuse is another overt form of nursing home abuse that is far too common. Any form of harmful or violent contact can constitute physical abuse—from slapping and punching residents to pushing residents and causing them to fall. The use of physical force is never justified in the nursing home setting, and burns, cuts, bruises, and broken or dislocated bones are all signs that both medical assistance and legal representation are needed.
As the Wisconsin Department of Health Services makes clear, “[r]esidents have the right to make informed choices about all aspects of their care, including the use of a physical restraint.” While nursing home staff can use physical restraints without a resident’s express consent in certain emergency circumstances, these circumstances are extremely limited, and there are clear procedures, requirements, and restrictions nursing home staff must follow in order to ensure residents’ dignity and safety.
With this in mind, use of physical restraints without a resident’s consent will constitute nursing home abuse in most cases. This includes restraining residents to their beds and chairs, as well as locking residents in their rooms. Bedsores are a common sign of unlawful restraint, and residents who have been restrained against their will frequently experience symptoms of anxiety, depression, and other psychological effects as well.
While seclusion can be psychologically harmful for anyone, this is especially true for aging nursing home residents who need care on a day-to-day basis. Seclusion doesn’t necessarily have to involve complete isolation. Even if a nursing home staff member visits a resident once or twice a day for a few minutes, this can still constitute seclusion. Due to its harmful effects, seclusion is also classified as a form of nursing home abuse under Wisconsin law.
Any form of unwanted sexual contact or sexual advance in the nursing home setting constitutes nursing home abuse. This includes everything from unwelcome sexual comments to sexual assault and rape. If a nursing home staff member or resident has made you feel uncomfortable, touched you, or sexually assaulted you, or if you have concerns that a loved one may be a victim of sexual abuse in a Wisconsin nursing home, we strongly encourage you to contact us right away so that we can help.
Verbal abuse can be psychologically damaging as well—and, as a result, this also constitutes a form of nursing home abuse. Verbal abuse can be sexual in nature; it can involve threats of physical harm or violence; or it can involve berating, belittling, intimidating, or any other attempt to cause fear, embarrassment, or psychological harm. Even if a nursing home staff member never follows through on his or her threats or advances, verbal abuse still provides clear grounds for nursing home residents and their families to seek protection and financial compensation.
These are all common forms of nursing home and assisted living home abuse. From physically and sexually assaulting residents to physically restraining residents and denying them access to friends, family, and medication, the sad truth is that nursing home and assisted living home employees abuse residents every single day. Abuse also occurs at the organizational level, with some homes systematically overbilling residents and denying them access to their basic needs.
No matter what happened, if you have concerns about abuse, you should speak out. Our lawyers can help you. We can help you decide whether to come forward—and, if coming forward makes sense, we can work to hold the nursing home or assisted living home liable on your behalf. We have decades of experience helping residents and their families, and we can rely on our experience to help you through the recovery process.
If you believe a loved one is experiencing abuse at a nursing home, memory care facility, or other assisted living home, please get in touch with the Madison attorneys at Boller & Vaughan today. Contact our nursing home abuse lawyers online or at (608) 268-0268 for a FREE case evaluation. We proudly serve clients in Madison and throughout Wisconsin.
It’s never too soon to report a nursing home you believe is abusing or neglecting your loved one. If you or someone dear has suffered at the hands of nursing home staff in Wisconsin, you […]
As a parent, you hope that you never have to think about filing a personal injury suit on behalf of your child. Injuries during childhood can also prove incredibly expensive; and, in some cases, they […]
"*" indicates required fields
Δ
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.
