Representation for Elder Abuse Victims in Milwaukee & Southeast Wisconsin
When you entrust your elderly loved one to the care of a nursing home, you expect the staff to provide the best level of care possible. You want your loved one to have all of his or her needs met in a safe environment. For many families, nursing homes are the best option for long-term, professional care – but in some cases, these facilities fail to live up to that standard of care.
If your loved one experienced abuse, mistreatment, or neglect at the hands of a nursing home, you may be able to pursue legal action. The Milwaukee nursing home abuse lawyers from Cannon & Dunphy, S.C. can assist you in seeking justice for your case.
Our clients select the Milwaukee personal injury lawyers at Cannon & Dunphy for their elder abuse claims due to our compassion, tenacity, and significant litigation experience.
- Our attorneys have experience practicing multiple forms of personal injury law, including elder abuse. We are familiar with the litigation process and can guide you and your family towards settlement, answering questions every step of the way.
- Our firm has the resources and network of experts necessary to conduct a full-scale investigation into the circumstances of the abuse. We can review security footage, review medical records, and conduct interviews to uncover evidence you may not have access to.
- Our attorneys understand the traumatic and sensitive nature of elder abuse cases. We aim to practice compassion, understanding, and open communication with you and your family from consultation to settlement.
What Is Neglect in a Nursing Home?
Nursing home neglect and abuse are serious concerns that impact the health, safety, and wellness of your elderly loved ones. Millions of older adults entrust their care to nursing home facilities across the United States. Elder abuse within a facility can be difficult to detect and prosecute.
Many abusers tend to hide the elderly person’s injuries from his or her family or supervisors. Abusers can also intimidate an elderly person into keeping quiet about the abuse. If the elderly person suffers from a neurological condition, such as Alzheimer’s or dementia, he or she may not be able to tell a friend, family member, or caregiver about the abuse. As a result, many cases of elder abuse go unreported.
Many nursing homes are safe and professional facilities. However, abuse in elder care facilities is a prevalent and widespread issue. Knowing the signs of nursing home neglect and abuse can help you identify if your loved one is experiencing harm and allow you to seek help.
What Are the Types of Nursing Home Abuse?
The Center for Disease Control classifies nursing home abuse into five main categories: physical abuse, emotional abuse, sexual abuse, abandonment and neglect, and financial abuse.
- Financial abuse is the most common type of elder abuse. This action occurs when a nursing home caregiver misuses, steals, or improperly distributes an elder person’s funds or assets. Examples of financial abuse include misuse or theft, forgery, coercion or deception to surrender assets, and improper use of guardianship privileges.
- Physical abuse refers to the use of physical force to cause pain, distress, impairment, injury, or illness to an elderly person. Physical abuse could include hitting, choking, slapping, burning, kicking, shaking, or suffocation.
- Emotional abuse is another common, although often overlooked, form of nursing home abuse. This abuse refers to nonverbal or verbal behaviors that cause anguish, fear, distress, or mental pain to an elderly person. Controlling an elderly person’s access to resources, isolating him or her from family and friends, threats, and humiliation are all examples of this type of abuse.
- Abandonment and neglect refer to the complete failure of a caregiver to provide necessary care to an elderly person. This abuse can include failure to protect the elderly person from harm or basic necessities, such as medication, hygiene, exercise, water, and food. The caregiver can also abandon an elderly person in the nursing home or in a public place.
- Sexual abuse involves any forced, coerced, or unwanted sexual contact between a trusted caregiver and an elder adult. Sexual abuse also occurs when an elderly person is too incapacitated to consent to the act. Penetration, unwanted touching and fondling, and attempted sexual assault are all forms of sexual abuse.
Signs of Nursing Home Neglect
Nursing home neglect and abuse in Wisconsin can go unnoticed for a long period of time. Abusive caregivers can limit a family’s access to an elderly person and hide his or her injuries before a visit. An elderly person may not have the capacity to describe what happened to him or her, or he or she could feel shame at the incident.
However, common physical and psychological signs can point to an incidence of elder abuse.
- Bedsores
- Unkempt physical appearance
- Broken bones and fractures
- Emotional outbursts
- Bruises and cuts
- Dehydration signs, such as dark urine, dry skin, sunken eyes, fatigue, and rapid breathing
- Mood swings
- Hovering caregivers who do not allow a family to be alone with their loved one
- Frequent infections and open wounds
- Sudden and unexplainable weight loss
- Signs of poor hygiene, such as a foul odor, dirty hair and skin, and soiled clothing
- Reclusiveness and refusal to speak
- Refusal to eat
- Refusal to take medications
- Changes in mental health
- Missing funds and unexplained asset loss
Some forms of nursing home abuse, such as sexual assault or financial abuse, can be difficult to detect. If your elderly loved one tells you that he or she is experiencing abuse, seek help from a Milwaukee nursing home abuse attorney as soon as you can. If you notice any of these signs, report the abuse to the nursing home supervisor or contact the police or the Wisconsin Department of Quality Assurance (DQA):
The one-on-one personal and compassionate care we received from Bill Cannon, his assistant, Wendy, and their staff was beyond what anyone would expect. We received a just settlement and were more than satisfied. I highly recommend Cannon & Dunphy.
– Julaine
How to Identify Different Types of Nursing Home Abuse
Aside from neglect, various types of abuse can occur in nursing homes. Understanding these types and being able to identify their signs can be crucial for the well-being of residents. If you notice any of the following signs, it is crucial to seek help for your loved one right away.
Financial Abuse
Financial abuse in nursing homes is often underreported, but it can be extremely damaging. Potential signs of financial exploitation may include:
- Unexplained withdrawals or charges on bank accounts
- Missing cash or valuables from the resident’s room
- Changes in wills, power of attorney, or other financial documents without a logical explanation
- Bills going unpaid despite the resident having adequate resources
Physical Abuse
Signs of physical abuse are often more visible than other indicators of mistreatment. Whether it’s through force, misuse of restraints, or any other means that can cause physical harm, some of the most common indicators include:
- Unexplained bruises, welts, or scars
- Broken bones, sprains, or dislocations
- Report of drug overdose or an apparent failure to take medication regularly
- Signs of being restrained, such as rope marks on the resident’s wrists
- The resident being overly medicated or sedated
Emotional Abuse
Emotional or psychological abuse may not leave visible scars, but its impact can be just as profound. Common signs of emotional abuse may include:
- The resident showing signs of being scared or agitated
- A caregiver who is belittling, controlling, or aggressive toward the resident
- Sudden changes in behavior or withdrawal from usual activities
- Unusual behavior like sucking, biting, or rocking
- The resident being prevented from speaking to or seeing visitors
Sexual Abuse
Sexual abuse in nursing homes occurs far more often than many people believe. Unfortunately, many victims feel scared and ashamed, which can prevent them from speaking up and seeking help. Some of the most common signs of sexual abuse include:
- A change in behavior or mood, especially sudden withdrawal or depression
- Unexplained sexually transmitted infections or diseases
- Genital bruising, bleeding, or other unexplained injuries
- Regressive behaviors or nightmares
- Unexplained changes in hygiene or personal appearance
- Torn or stained undergarments
- Disclosures made to trusted individuals, even if they are vague or indirect
How Do I File a Claim for Nursing Home for Abuse and Negligence?
Unless the nursing home has an arbitration agreement in place that limits your right to file a lawsuit, you can file a claim against a nursing home for abuse and negligence through the Wisconsin civil court. If an arbitration agreement is in place, you will have to bring a copy of the document to an attorney who can advise you of possible legal pathways.
Under Wisconsin law, you have three years from the date of the discovery of the injury or abuse to file this lawsuit. You can file a claim on behalf of your loved one if you are the legal guardian or personal representative of your loved one’s estate. You can also take your loved one to a free consultation with a Wisconsin nursing home abuse attorney to discuss his or her legal options.
To file a claim against a negligent nursing home, you will need to prove the following three elements:
- You must prove that the nursing home had a legal obligation to provide care to your loved one.
- You must prove that the nursing home failed to uphold its legal obligation to provide care to your loved one.
- You must prove that the nursing home’s breach of care caused your loved one’s injuries.
How a Milwaukee Nursing Home Abuse Attorney Can Support Your Case
If you or a loved one has fallen victim to abuse or neglect within a Milwaukee nursing home, the path to justice can be intricate and emotionally challenging. At Cannon & Dunphy S.C., our attorneys can guide you through every step of the process and hold the facility accountable for the harm that you or loved one has suffered.
Here are some of the ways that our Milwaukee nursing home abuse attorneys can help you:
- Specialized Legal Knowledge: Our attorneys are well-versed in the nuances of nursing home abuse laws in Wisconsin. With our expertise, we can help you navigate the legal intricacies involved in your case, ensuring that it is built on a solid foundation.
- Evidence Gathering: To prove a nursing home abuse case, you need robust evidence. Our attorneys will meticulously investigate and gather all necessary documentation, witness statements, and any other pertinent data to strengthen your case.
- Skilled Negotiation: Many nursing home abuse claims involve negotiations with opposing parties. Our attorneys possess adept negotiation skills and will work diligently to secure a favorable settlement for you, always prioritizing your best interests.
- Courtroom Representation: If your case goes to trial, our attorneys will craft a compelling case in your favor and present it effectively in court. With our vast courtroom experience, we will make sure that your side of the story is heard and fight to maximize your chances of a favorable outcome.
- Emotional Support: We understand the deep emotional toll that nursing home abuse and neglect can have on victims and their families. Our attorneys provide not only legal representation but also compassionate support, helping guide you during these challenging times.
What Factors Lead to Nursing Home Abuse and Neglect?
We know that nursing homes play a critical role in our society, providing care to elderly and vulnerable populations when they need it most. However, as with any institution, nursing homes do not always uphold their duties. These facilities can be susceptible to problems, some of which can lead to instances of abuse and neglect.
Staffing Shortages
One of the primary factors contributing to abuse and neglect in nursing homes is staffing shortages. A facility that does not have enough staff members to adequately care for its residents is likely to see lapses in care.
When there are fewer caregivers available, these workers often find themselves under pressure to manage too many tasks in a limited amount of time. This can lead to neglect, as residents may not receive the necessary attention or timely assistance. Overworked staff may also experience burnout, which can lead to decreased empathy and compassion, further compromising the quality of care.
Lack of Training and Experience
The absence of adequate training and experience among staff members can also play a significant role in the occurrence of abuse and neglect. Without proper training, caregivers may not know how to handle specific situations or cater to the unique needs of different residents.
Inexperienced caregivers might be unfamiliar with the best practices or techniques to care for individuals, especially those with severe health conditions or cognitive impairments. Furthermore, they may not recognize the early signs of a medical issue or deteriorating health, leading to delays in necessary medical attention.
Poor Supervision and Governance
Nursing homes with weak supervision and governance structures are at an increased risk of abuse and neglect incidents. If there’s no system in place for monitoring staff behavior or for residents and their families to report concerns, issues can go unnoticed and unaddressed.
Proper governance ensures that there are strict protocols and standards in place, and that any deviations from these standards are promptly dealt with. In the absence of strong oversight, facilities may become complacent, not holding staff members accountable for their actions.
Problems with Individual Caregivers
While many caregivers enter the profession with the best of intentions, problems with individual caregivers can still arise. Personal issues, such as substance abuse, mental health challenges, or personal stresses, can impair their ability to provide care effectively.
Furthermore, some individuals may not have the temperament or patience required for the job, leading to episodes of frustration or aggression. It’s crucial for nursing homes to thoroughly screen their staff and provide them with resources to address personal challenges that might impact their work.
Vulnerable Residents
Lastly, the vulnerability of nursing home residents can inherently make them more susceptible to abuse and neglect. Many residents are frail, suffer from cognitive impairments, or are unable to communicate effectively. This can make it difficult for them to report or even recognize abusive behaviors.
Abusers may take advantage of this vulnerability, knowing that their actions might go unnoticed or unreported. Although abuse can happen to anyone, families and advocates must be vigilant, regularly monitor the well-being of residents, and ensure they are in an environment where they are respected and cared for.
What Should I Do If I Believe My Loved One Is Being Abused in Milwaukee?
Discovering that a loved one might be facing abuse or neglect in a nursing home can be deeply distressing. In these situations, it’s crucial to act promptly in order to protect your loved one’s rights and well-being. Here are the steps you should take if you suspect abuse or neglect in a Milwaukee nursing home:
- Call 911: If your loved one is in immediate, life-threatening danger, call 911 and report the abuse to the police.
- File a Complaint: In Wisconsin, the DQA is responsible for addressing complaints related to nursing homes and their caregivers. You can call them at 800-642-6552 to file a complaint.
- Document Everything: Take comprehensive notes detailing the nature and extent of your loved one’s injuries or signs of neglect. If possible, capture photographic evidence to bolster your case.
- Gather Medical Records: Request a complete set of your loved one’s medical records from the nursing home. These records can provide insight into their health history and potential signs of mistreatment.
- Obtain the Incident Report: If an accident or injury prompted your concerns, make sure to ask the facility for a copy of the incident report. This document can provide crucial details about the events leading up to the incident.
- Keep Track of Conversations: Every time you discuss your concerns with nursing home staff or administrators, make a record. Documenting names, dates, times, and the content of your conversations can be valuable in a future legal case.
- Contact an Attorney: Finally, contact a Milwaukee nursing home abuse attorney to discuss your loved one’s legal options. A lawyer who specializes in elder care can help protect your loved one’s rights, guide you through the litigation process, and help secure compensation for the harm caused by the abuse.
Contact Our Milwaukee Nursing Home Abuse Lawyers Today
Do you have a loved one who suffered from abuse at the hands of a nursing home caregiver? Cannon & Dunphy can assist you throughout the litigation process.
- Our nursing home abuse lawyers will launch an investigation into the circumstances of the abuse. We will obtain and fact-check all relevant information to the case. This investigation may include witness interviews, medical record analysis, consultation from an expert witness, and review of video and photographic evidence.
- We will prepare you and your loved one for trial, ensuring open and honest communication so that you always remain up-to-date with the case’s standing.
- We have the resources, network, and litigation experience necessary to craft a compelling case on your loved one’s behalf.
Contact Cannon & Dunphy today to schedule your free consultation at our Milwaukee offices.