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Was your loved one a victim of nursing home abuse or neglect?

Contact our Milwaukee nursing home abuse lawyers today to start pursuing justice, protection, and compensation. We offer free initial case reviews and work on a contingency fee basis, meaning you don’t pay us anything unless we successfully secure compensation for you and your loved one.

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Milwaukee Nursing Home Abuse Lawyer

When placing an elderly loved one in a nursing home, families in Milwaukee trust that their relatives will receive professional and compassionate care. Unfortunately, sometimes nursing homes breach trust through neglect or abuse. When this happens, it’s important to seek justice and protection quickly. 

At Philip S. Georges, PLLC, our dedicated Milwaukee nursing home abuse lawyers are committed to defending the rights and dignity of your loved ones. With a profound understanding of Wisconsin’s elder abuse laws and a strong track record of successful litigation, we ensure that victims of nursing home neglect or abuse receive the compensation they deserve. Our team is here to guide you through each step of the legal process, providing personalized and empathetic support to ease the burden during this challenging time.


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Understanding Nursing Home Abuse & Neglect

Legally, the terms “nursing home abuse” and “nursing home neglect” describe different scenarios under the umbrella of mistreatment.

Nursing home abuse refers to intentional acts that cause harm or create serious risk of harm to a vulnerable elder. This can include physical, emotional, sexual, or financial harm. Abuse involves deliberate misconduct by caregivers or other staff at the facility. It’s characterized by actions that are willful and intended to cause pain, injury, mental anguish, or deprivation of rights.

Nursing home neglect is a form of substandard care or a breach of duty that results in harm to the resident. It occurs when a caregiver fails to fulfill their obligations to provide necessary care, resulting in harm or risk of harm to the resident. Neglect is often associated with a passive form of harm, typically failures to act.

 

Both abuse and neglect can have serious legal implications for a nursing home facility, including lawsuits, fines, and loss of licenses. Victims and their families can pursue civil remedies such as compensation for medical bills, pain and suffering, and punitive damages aimed at punishing particularly egregious behavior. Criminal charges may also apply, especially in cases of deliberate abuse.

Types of Nursing Home Abuse

Nursing home abuse can take a variety of forms. Understanding the different types of abuse can help families and friends recognize warning signs and take necessary actions to protect their loved ones.

Physical abuse in nursing homes involves intentional infliction of pain or injury upon an elderly resident.

Examples: Hitting, slapping, pushing, or using excessive force during handling.

Signs of Physical Abuse: Bruises, welts, unexplained injuries, cuts, etc.

Emotional and psychological abuse occurs when a staff member(s) inflicts mental pain, anguish, or distress on an elderly person through verbal or nonverbal acts. 

Examples: Intimidation, humiliation, mocking, ignoring, or isolating the resident. 

Signs of Emotional & Psychological Abuse: Withdrawal from social activities, sudden changes in behavior, fear of certain staff members, etc.

Financial exploitation or abuse involves the unauthorized or improper use of an elder’s funds, property, or assets. 

Examples: Staff members coercing residents into altering their wills, granting inappropriate access to bank accounts, or outright theft. 

Signs of Financial Exploitation: Elderly individuals may not always notice such exploitation, making it important for family members to keep a close eye on their financial transactions and estate planning documents. 

Sexual abuse in nursing homes includes any non-concensual sexual contact or interaction. 

Examples: Sexual assault, unwanted touching, etc. 

Signs of Sexual Abuse: Physical signs such as bruises or sexually transmitted infections and psychological impacts like acute anxiety or depression.

Neglect in nursing homes occurs when caregivers fail to provide adequate food, water, medical care, hygiene, comfort, or safety, leading to potential harm or stress to the resident. Abandonment is a form of neglect involving desertion of a vulnerable elder by someone who has assumed responsibility for their care. 

Signs of Neglect & Abandonment: Malnutrition, poor personal hygiene, untreated medical conditions, unsafe/unclean living conditions, etc.

Legal Rights & Protections Against Nursing Home Abuse in Milwaukee

Understanding the legal framework surrounding nursing home abuse in Milwaukee can empower families to protect vulnerable elders and ensure their safety and dignity. Milwaukee residents have access to both state and federal laws designed to safeguard the elderly from abuse and neglect.

Important Laws to Know for Wisconsin Nursing Home Abuse Cases

Wisconsin’s statutes provide robust protections for nursing home residents, ensuring they are treated with respect and receive adequate care. Key state laws include:

  • Statute of Limitations: For personal injury claims (including nursing home abuse), Wisconsin generally requires that the lawsuit be filed within 3 years from the date of the injury or discovery. 
  • Wisconsin Statutes Chapter 50: This law regulates the licensing and operation of nursing home facilities in Wisconsin, setting standards for care and staffing (Wisconsin Statutes Chapter 50).
  • Wisconsin Administrative Code DHS 132: Enforces residents’ rights within nursing facilities, detailing the standards for treatment, care, and services nursing homes must provide (Wisconsin Administrative Code DHS 132).

These laws are designed to protect residents from physical abuse, emotional abuse, sexual abuse, financial exploitation, neglect, and abandonment. They ensure that nursing homes maintain a high standard of care and that violations lead to severe penalties, including fines and business closure.

How to Report Nursing Home Abuse in Milwaukee

If you suspect that a loved one is suffering from abuse in a Milwaukee nursing home, it’s very important to act quickly to ensure their safety and hold the perpetrators accountable. Here’s how to report nursing home abuse in Milwaukee:

  1. Contact Local Authorities: If you believe there is immediate danger, call 911. For non-immediate concerns, contact the Milwaukee Police Department or the local Adult Protective Services for investigation.
  2. Wisconsin Department of Health Services (DHS): Report the abuse to the DHS, which oversees nursing home operations in Wisconsin. They can conduct investigations and enforce regulations.
  3. Office of the State Long Term Care Ombudsman: This office advocates for nursing home residents and can assist in filing complaints and navigating the legal system.
  4. Consult With Our Specialized Attorneys: Consider speaking with our Milwaukee nursing home abuse lawyers who can provide legal advice, help you navigate the complexities of the law, and ensure that your loved one’s rights are protected.

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How to File a Nursing Home Abuse Claim

Filing a nursing home abuse claim is a vital step in seeking justice and protection for a loved one who may be suffering from mistreatment or neglect. Our nursing home abuse attorneys can help make sure your claim is submitted correctly with strong evidence to improve your chances of successfully achieving justice. Here’s a detailed guide on how to proceed with filing a claim:

Gather as much evidence as possible to support the claim of abuse or neglect. This can include:

  • Photographic evidence of injuries or poor living conditions.
  • Medical records that highlight the injuries or deterioration in health linked to abuse or neglect.
  • Witness statements from other residents, visitors, or sympathetic staff members.
  • Records of communication with the nursing home staff about your concerns.

Before formally filing a claim, it’s important to report the abuse to appropriate authorities to ensure the immediate safety of your loved one and other residents.

Consult with a lawyer who specializes in elder abuse and nursing home neglect in Milwaukee. A specialized attorney can provide legal advice, help you understand your rights, and explain the options available based on the specifics of your case. Our attorneys will help in formally filing the claim and can manage all legal aspects, including court filings and communications with opposing counsel.

Your attorney will help you prepare and file a lawsuit against the nursing home. This process typically involves:

  • Filing a complaint in a civil court that outlines the allegations of abuse or neglect, the harm caused, and the compensation being sought.
  • Serving the complaint to the nursing home, officially notifying them of the lawsuit.

Once the lawsuit is filed, both parties will exchange information through the discovery process. This may include written questions (interrogatories), requests for documents, depositions of witnesses and staff members, etc.

Many nursing home abuse claims are settled out of court, where your lawyer negotiates a compensation amount with the defendant’s lawyers.

If a settlement cannot be reached, the case will go to trial where evidence will be presented, and a judge or jury will make a decision.

Once a settlement is reached or a judgment is issued by the court, your lawyer will assist in collecting compensation. This may involve structured payments or a lump-sum payment, depending on the agreement or judgment.

 

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How a Milwaukee Nursing Home Abuse Lawyer Can Help

If you suspect that a loved one is being abused or neglected in a nursing home in Milwaukee, hiring a specialized nursing home abuse lawyer can make all the difference. Our Milwaukee nursing home abuse lawyers provide professional legal advocacy and compassionate support, leading you through the process to ensure your loved one’s rights are protected and justice is served.

When you work with one of our nursing home abuse attorneys, we provide:

  • Professional legal representation
  • Investigation & evidence collection
  • Negotiation & litigation
  • Emotional support
  • Greater chance of maximized compensation

At Philip S. Georges, PLLC, our Milwaukee personal injury lawyers work on a contingency fee basis, meaning you don’t owe us anything unless we secure compensation for you.

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Nursing Home Abuse Law FAQs

The first step is to document any evidence you have of nursing home abuse or neglect, and speak with your loved one (if possible) to get their account of what’s happening. Next, you should raise your concerns to the nursing home facility management and file a formal complaint with local authorities and/or the local Adult Protective Services agency. At this point, you should seek medical evaluation for your loved one and consider consulting with a lawyer.

In nursing home abuse cases, victims and their families can pursue a variety of compensation types depending on the unique details of their case. These determining factors include the nature of the abuse and the extent of the harm. 

Common forms of compensation in nursing home abuse cases include:

  • Medical expenses
  • Pain and suffering 
  • Emotional distress
  • Loss of enjoyment of life
  • Wrongful death 
  • Punitive damages (for particularly egregious abuse) 

 

The most common form of abuse in nursing homes is general neglect. Neglect can take many forms, including anything that represents the nursing home staff failing to provide adequate care or meet the basic needs of residents.

MILWAUKEE, WI

790 N Milwaukee St. Suite 200 C
Milwaukee, WI 53202

Phone: (615) 551-3923
Email: info@wolfpacklawyers.com

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Disclaimer

Phillip S. Georges and associates are licensed to practice law in Wisconsin, Virginia, Illinois, Kentucky, Tennessee, Florida, US Supreme Court and US Court of Federal Claims.

This website is not intended to be a substitute for legal advice. It is designed to give you the information you need to get started and to be knowledgeable about the process as you search for the best personal injury lawyer for you.

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