Frequently Asked Questions

Our Wisconsin Nursing Home Abuse Attorneys Answer Your Frequently Asked Questions

For many families, nursing homes are the best place to send a loved one. You expect your family member to receive the best care possible. However, many nursing homes fail to provide the expected standard of care. Nursing home staff may abuse or neglect your loved one. If this is the case, then our Wisconsin nursing home abuse attorneys can help. We will review your case and determine if a nursing home abuse lawsuit is the best option.

At Martin Law Office, S.C., we understand the challenges facing nursing home abuse victims. We also understand the challenges facing family members of the abused. Our attorneys will use their combined experience to pursue justice on behalf of your loved one. Below are answers to frequently asked questions about nursing home abuse and neglect. For further assistance, please contact us today for a free initial consultation.

Wisconsin Nursing Home Abuse Frequently Asked Questions

What Is Nursing Home Neglect?

Nursing home neglect is any act or omission by a nursing home, or its employees, that are below the standard of care for a reasonable nursing home. Our Wisconsin nursing home neglect attorneys can help you determine whether a caregiver’s behavior meets the standard for elder abuse.

What Is the Difference Between Nursing Home Neglect and Nursing Home Abuse?

The main difference is intent. Nursing home negligence is the failure to follow the standard of care, regardless of whether the nursing home or its employees, intended to do so. Nursing home abuse involves the intentional act of harming a nursing home resident.
Both nursing home abuse and neglect are illegal in Wisconsin and you should have one of our nursing home lawyers in Milwaukee to hold them accountable.

How Common Is Nursing Home Neglect in Wisconsin and Nursing Home Abuse in Wisconsin?

Recent studies on elder abuse reveal that one in five nursing home residents have experienced some form of abuse. Unfortunately, many cases of abuse go unreported. The prevalence of abuse in nursing homes is likely much higher than 20 percent.

Nursing home staff members are often overworked, underpaid and understaffed. However, this is not an excuse for abuse. If you are experiencing mistreatment by a caregiver, then seek help. An elder abuse lawyer can help you file a lawsuit against the nursing home for any negligent behavior.

What Are the Most Common Forms of Elder Neglect and Elder Abuse?

The most common forms of elder abuse in Wisconsin include:

  • Physical abuse
  • Sexual abuse
  • Emotional or psychological abuse
  • Financial abuse or exploitation
  • Neglect

There are many warning signs of elder abuse. However, they are often difficult to recognize. Our Wisconsin nursing home abuse attorneys implore you to trust your gut instinct. If you suspect that something is wrong, then it most likely is. At Martin Law Office, S.C., we can conduct an investigation to see whether you have a viable nursing home abuse case.

How Do I Report Elder Neglect in Wisconsin or Elder Abuse in Wisconsin?

Have you noticed signs of physical or emotional abuse when visiting your loved one at a nursing home? If so, then you should gather as much evidence as you can to support your suspicions of abuse. This includes taking pictures of any injuries suffered by your family member. Also, you should reach out to the nursing home administrator to have them conduct an internal investigation.

You should also report the alleged abuse to the Office of Caregiver Quality within the Wisconsin Department of Health Services. They will conduct an investigation and inform you of their findings.

Additionally, you should consult with an attorney familiar with nursing home abuse cases. He or she can inform you of your legal options and pursue justice on your behalf.

Am I Eligible to File a Nursing Home Neglect Lawsuit or Nursing Home Abuse Lawsuit?

Not anyone can file a lawsuit on behalf of an abused or neglected nursing home resident. You must have legal standing in order to do so. Of course, the abused or neglected nursing home resident could file a lawsuit. The legal guardian of the abused or neglected nursing home resident could also file a lawsuit.

What happens if a nursing home resident dies due to neglect or abuse? If this happens, then there are two sets of potential claims. The estate of the deceased nursing home resident could file a lawsuit. Also, the immediate family of the deceased nursing home resident could file a wrongful death lawsuit.

Our Wisconsin nursing home abuse attorneys take pride in helping elder abuse victims and their families recover financial compensation. Take advantage of our free consultation to learn more about our legal services.

How Can an Elder Neglect Lawyer Case or Elder Abuse Lawyer Help My Case?

Elder abuse lawsuits are rarely straightforward. Nursing homes will do anything they can to avoid a costly settlement. However, an experienced attorney can help you overcome any obstacles the defendant may present. He or she can guide you throughout the following stages of the nursing home abuse lawsuit process.

  • Pleadings
  • Discovery
  • Settlement negotiations
  • Trial
  • Appeal, if necessary

Our elder abuse lawyers want to hear from you immediately after suspecting your loved one is experiencing abuse or neglect by nursing home staff. Having an attorney involved at the beginning of the legal process is the best way to improve the likelihood of your case succeeding.

At Martin Law Office, S.C., we have a contingency fee agreement with most of our clients. This means that we do not receive any money unless you do. Do not let your fear of attorney’s fees prevent you from recovering the financial compensation you deserve.

How Is Liability Determined in an Elder Neglect Case and Elder Abuse Case?

Determining liability in an elder abuse case will depend on several factors. For example, it matters where the abuse took place and who caused the abuse. The parties that could face liability in your elder abuse case include:

  • Caregiver
  • Nursing home
  • Elder care facility
  • Medical professional
  • Various third parties

You must demonstrate that the party in question violated their duty of care by failing to act in a reasonable and prudent manner. If you can do this, then you may have the opportunity to recover financial compensation.

Our Wisconsin nursing home abuse attorneys will conduct a thorough investigation to find evidence showing a breach in duty of care. We will use all our available resources and knowledge of Wisconsin nursing home abuse law to make this happen.

What Is the Statute of Limitations for a Nursing Home Neglect Case in Wisconsin and a Nursing Home Abuse Case in Wisconsin?

In most cases, you have three years to file a nursing home abuse or neglect case after the date of the injury. However, there are exceptions that may apply to your particular case. You should always speak with our Milwaukee nursing home neglect lawyers before making any filing decisions. We can conduct a specific analysis of the statute of limitations in your case.

Should I Sign a Nursing Home Arbitration Agreement?

A nursing home arbitration agreement forces nursing home residents and their family members to settle disputes outside of court. Essentially, you are waiving your right to a jury trial. In our experience, arbitration agreements benefit the nursing home facility more than they do the residents. For example, the discovery process is often limited during arbitration. This typically results in the nursing home resident or his or her family members receiving a reduced settlement offer. Further, the decisions reached in arbitration are typically final. You may not have the opportunity to file an appeal.

Contact Our Wisconsin Nursing Home Neglect Attorneys and Nursing Home Abuse Attorneys

The lawyers at Martin Law Office, S.C. are passionate about protecting nursing home abuse and neglect victims. We have a strong record of recovering financial compensation for victims and their families. For answers to more of your questions, give us a call today at (414) 856-4010.

You can also message us through our online contact page. We offer in-person, telephone, or virtual consultations free of charge.