Choosing the right nursing home for a loved one is a decision that carries immense weight and responsibility. We trust and expect these facilities to provide quality care and respect, but unfortunately, nursing home abuse is a pervasive issue.
Often hidden beneath the surface of everyday routines, instances of neglect and physical, emotional, or financial abuse can leave families in distress and loved ones in harm’s way.
At Cannon & Dunphy S.C., we are acutely aware of the challenges and pain caused by nursing home abuse. Our Racine nursing home abuse lawyers are committed to advocating for the rights and dignity of your family and holding the abusers accountable for their actions.
If you or a loved one are experiencing abuse, schedule a free consultation with a Racine personal injury lawyer to chart a path toward justice and healing.
Signs of Nursing Home Abuse
If you have a loved one who lives in a nursing home, identifying the signs of abuse is crucial for his or her well-being. Often, these signs can be subtle, especially if the victim feels hesitant or scared to report the abuse. As a result, it is important to stay vigilant and look for indicators that something might be wrong.
Some common signs of nursing home abuse include:
- Unexplained injuries or bruises
- Sudden changes in behavior or mood
- Withdrawal from social activities
- Unexplained weight loss or malnutrition
- Poor hygiene or unsanitary living conditions
- Fearfulness or anxiety around certain staff members
- Unexplained financial transactions or changes in financial status
- Bedsores or other untreated health issues
What Is the Difference Between Nursing Home Abuse and Neglect?
Nursing home abuse is an intentional act where a caregiver causes harm or distress to a resident. This can manifest in various forms including physical, emotional, sexual, or financial abuse. It’s characterized by deliberate actions that harm or exploit a resident.Â
On the other hand, neglect in a nursing home setting refers to the failure to provide necessary care, assistance, or attention to residents. It’s often the result of oversight, carelessness, or sometimes systemic issues within the facility, such as understaffing or inadequate training. Both abuse and neglect have serious, detrimental effects on residents and are considered illegal under Wisconsin law.
How Is Liability Determined in a Racine Nursing Home Abuse Case?
In a nursing home abuse lawsuit, establishing liability is a critical step. To recover compensation in your case, you must prove that the nursing home or its staff acted in a way that breached the established duty of care and caused harm to the victim. This process requires a thorough investigation and collection of evidence to build a strong case.
Who Can Be At Fault for Nursing Home Abuse?
Depending on the circumstances surrounding your or your loved one’s case, several parties can be held liable for nursing home abuse.
These may include:
- Nursing Home Staff: If staff members are directly responsible for the abuse, they can be held accountable. This includes not only those who commit the acts but also those who may have witnessed the abuse and failed to report it.
- The Nursing Home Management: The nursing home entity itself can be liable, particularly if the abuse was due to systemic issues like inadequate training, understaffing, or negligent hiring practices. Employers may also be held liable for the actions of their employees.
- Third-Party Contractors: Sometimes, third-party service providers such as maintenance, cleaning, or catering staff might contribute to the abuse. Their employers can be held liable for their actions while working in the nursing home.
- Government Agencies: In rare cases, if a regulatory body fails to enforce standards or investigate reported issues properly, it may also bear some responsibility for abuse that occurs as a result.
The Four Elements of Liability in a Nursing Home Abuse Lawsuit
Recovering compensation in a nursing home abuse claim is dependent on whether you can prove the defendant’s negligence. To hold someone liable in a nursing home abuse case, you must gather clear evidence that establishes four facts, known as elements:
- Duty of Care: The nursing home has a legal obligation to ensure the resident’s safety and well-being. This duty is inherent in the nature of the facility’s services, and several state and federal laws also establish a base standard of care that nursing homes must follow.Â
- Breach of Duty: The nursing home or its staff failed to fulfill this duty of care. This could be through direct actions or omissions.
- Causation: There is a direct link between the breach of duty and the harm suffered by the resident. It must be proven that the abuse or neglect directly led to the resident’s injuries or deterioration in health.
- Damages: The resident must have suffered damages as a result of the abuse or neglect. This includes not only physical injuries but also emotional trauma, financial losses, or a decline in quality of life.
Wisconsin Statute of Limitations
In Wisconsin, the statute of limitations typically allows for three years from the last incident of abuse or neglect to file a lawsuit. Although certain exceptions may extend the deadline, most cases will be dismissed if they are filed later. To protect your right to legal action, consult with a Racine nursing home abuse attorney as soon as possible and initiate your lawsuit.Â
What Should You Do If You Suspect Nursing Home Abuse in Racine?
If you suspect nursing home abuse in Racine, taking prompt and decisive action is crucial. Start by documenting any potential evidence of abuse. This might include taking photographs of physical injuries or noting any sudden changes in the resident’s behavior or emotional state.Â
Immediately report these concerns to the nursing home’s administration and regulatory authorities. In Wisconsin, the Department of Health Services’ Division of Quality Assurance should be notified to initiate an external investigation. Then, reach out to an attorney who specializes in nursing home abuse cases to discuss your legal options.
Call a Nursing Home Abuse Lawyer in Racine Today
If you suspect a loved one is suffering from abuse in a nursing home, it’s crucial to act swiftly. At Cannon & Dunphy S.C., we understand the delicacy and urgency of these situations. Our Racine nursing home abuse attorneys are dedicated to protecting the rights and dignity of your loved ones—and we can help you fight for your right to justice.
Contact us today at (855) 627-2147 for a free, confidential consultation and let us help you navigate these challenging times.