When you place a parent or loved one in a nursing home, you trust the staff to keep them safe. Unexplained bruises or pressure marks, bedsores, unsafe or unclean living conditions, or a loved one who becomes withdrawn or agitated can be signs of abuse or neglect.
Wisconsin law spells out specific rights for nursing home residents, and a family can report suspected abuse and separately pursue a civil claim for the harm. Our Milwaukee office handles nursing home abuse and neglect cases, and we work on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Nursing Home Residents’ Rights in Wisconsin
Every resident of a nursing home or community-based residential facility (CBRF) in Wisconsin has a set of rights under state law (Wis. Stat. 50.09(1)). Among them, residents have the right to:
- Be treated with courtesy, respect and full recognition of their dignity and individuality (Wis. Stat. 50.09(1)(e))
- Be free from mental and physical abuse (Wis. Stat. 50.09(1)(k))
- Be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant or advanced practice registered nurse for a specified and limited time (Wis. Stat. 50.09(1)(k))
- Receive adequate and appropriate care within the capacity of the facility (Wis. Stat. 50.09(1)(L))
- Present grievances without justifiable fear of reprisal (Wis. Stat. 50.09(1)(b))
- Be fully informed of their treatment and care and take part in planning it (Wis. Stat. 50.09(1)(n))
What Wisconsin law calls neglect
Wisconsin’s adult protective law defines neglect as a caregiver’s failure, through an act, omission or course of conduct, to try to secure or maintain adequate care, services or supervision, including food, clothing, shelter, or physical or mental health care, that creates significant risk or danger to the person’s physical or mental health (Wis. Stat. 46.90(1)(f)).
Reporting Nursing Home Abuse in Wisconsin
If a resident is in immediate danger, call 911. Otherwise, you can report suspected abuse to the facility, to the Wisconsin Department of Health Services or to law enforcement, and still bring a civil claim separately.
Facilities have their own duties. A facility must report an allegation of abuse or neglect by its employees or contractors to the Department of Health Services within 7 calendar days from the date it knew or should have known about the misconduct (Wis. Admin. Code DHS 13.05(3)(a)). While the matter is pending, the facility must take whatever steps are necessary to protect residents from further misconduct (Wis. Admin. Code DHS 13.05(2)).
For residents age 60 or older, Wisconsin’s elder-adult-at-risk law requires certain people to report in specified situations, including employees of entities licensed by the Department of Health Services, health care providers and social workers (Wis. Stat. 46.90(4)(ab), (ad)). Reports can go to the county department, the elder-adult-at-risk agency, law enforcement, the Department of Health Services or the Board on Aging and Long Term Care (Wis. Stat. 46.90(4)(ad), (ar)). Abuse and neglect of patients and residents can also be a crime under Wisconsin law (Wis. Stat. 940.295).
Deadlines for Nursing Home Claims
A civil claim for injuries to a resident generally must be filed within 3 years (Wis. Stat. 893.54(1m)(a)). If neglect or abuse led to a resident’s death, the family’s wrongful death claim generally must be filed within 3 years as well (Wis. Stat. 893.54(1m)(b)).
Some nursing homes that operate as a single entity with a hospital fall under Wisconsin’s medical malpractice chapter (Wis. Stat. 655.002(1)(j)).
Common Forms of Nursing Home Abuse and Neglect
Bedsores and pressure injuries
Pressure sores form when a person stays in one position for too long, and residents who are bedridden or unable to change position are at risk. The National Institute on Aging lists bedsores among the possible signs of abuse or neglect.
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For older adults, falls are more likely to cause broken bones, and falls are the most common cause of traumatic brain injury after age 65. Our Milwaukee brain injury lawyers handle head injuries from falls.
Dehydration and malnutrition
Neglect can include withholding food, medications or access to health care.
Medication errors and improper restraints
Withholding medications can be a form of neglect, and residents have the right to be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant or advanced practice registered nurse (Wis. Stat. 50.09(1)(k)).
Physical, emotional and sexual abuse
Fearfulness, withdrawal or unexplained injuries deserve attention. Our Milwaukee sexual abuse lawyers handle these sensitive cases with care.
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Sudden and unexpected financial losses, or unpaid bills despite enough money to pay them, can signal financial abuse. Wisconsin’s elder-adult-at-risk law covers financial exploitation along with abuse and neglect (Wis. Stat. 46.90(1)(br)).
Compensation for Nursing Home Abuse and Neglect
A claim seeks payment for the harm the resident suffered. The records we gather often cover hospital stays, wound care, added medical costs, pain and the loss of dignity and comfort the resident experienced.
When abuse or neglect leads to a death, the personal representative of the resident, or the person entitled to the recovery, may bring a wrongful death action (Wis. Stat. 895.04(1)). The family may recover reasonable medical and funeral expenses (Wis. Stat. 895.04(5)). Damages for loss of society and companionship are capped at $350,000 for a deceased adult (Wis. Stat. 895.04(4)).
What to Do If You Suspect Nursing Home Abuse
- Make sure your loved one is safe, and call 911 if there is an emergency
- Photograph injuries, bedsores and living conditions, with dates
- Write down names of staff, dates and what you were told
- Ask for a care conference and a copy of the care plan
- Report the concern to the facility administrator and to the Department of Health Services
- Keep copies of every bill, record and message from the facility
- Talk with a lawyer about a civil claim
How 844-SEE-MIKE Helps Milwaukee Nursing Home Abuse Families
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
In nursing home cases, we also look into state and federal inspection reports and work to gain access to the facility’s charts and files.
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Do these rights apply in assisted living as well as nursing homes?
The resident rights in Wis. Stat. 50.09 apply to nursing homes and community-based residential facilities. Other types of residences may have different rules.
What if my loved one has dementia and cannot tell us what happened?
People with memory problems or dementia may be more vulnerable to abuse. Medical records, photos, staffing records, incident reports and your own notes can help show what went wrong even when your loved one cannot.
What if the facility says the injury could not have been prevented?
Under Wisconsin law, residents have the right to receive adequate and appropriate care within the capacity of the facility (Wis. Stat. 50.09(1)(L)).
Do I have to report the abuse before I call a lawyer?
No. You can talk with us at any point. If your loved one is in danger, though, report it right away so the resident is protected.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
To see the other cases our office handles, visit our Milwaukee personal injury lawyers page.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
