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Abuse in a nursing home: How can I legally fight for my family?

The elderly often choose to make nursing homes their new homes in order to ensure that they receive appropriate care. These types of facilities in Wisconsin often provide positive environments and experiences for their residents. However, this is not always the case.

Sometimes the elderly are psychologically or physically harmed due to their caregiver’s intentional acts or neglect. Unfortunately, this may end up causing your elderly loved one to suffer long-term injuries or even to lose his or her life. In the situation of abuse in a nursing home, you have the right to seek to hold the allegedly at-fault nursing home accountable through the civil court system.

Liability

You may hold a nursing home responsible for hurting your loved one due to abuse, negligence, violating criminal statutes and false imprisonment. Nursing homes may also be held responsible if they committed violations of laws related to their general operation, licensing or maintenance.

If you think your loved one has been exploited, abused or neglected, an investigation by a protective services agency focusing on adults may take place. The goal of such an investigation is to offer immediate relief and help to your loved one and to prevent him or her from suffering further harm. However, you can also choose to file a civil lawsuit against the nursing home to remedy damages sustained.

Civil suit

To succeed in a nursing home abuse civil suit, you must furnish proof that the owner of the nursing home or the employees there breached their duty to care for your harmed loved one. You also need to prove that your family member’s injuries were a result of the nursing home worker’s breach. You furthermore must prove that the nursing home caused your family member’s injury.

You might need to furnish some expert medical testimony regarding what is appropriate practice versus what is improper care in a certain situation. This is necessary unless it would be clear to the average person that the nursing home lacked the skills necessary to take care of your family member.

For example, if the administrator of the facility did not keep up the building, this might not require expert testimony, but you may need testimony when trying to point out a nurse’s poor treatment of your relative’s condition. An attorney in Wisconsin can help you gather the proof you need to prevail in a legal proceeding involving abuse in a nursing home.