When a loved one is harmed in a Wisconsin nursing home, family members are often left with more questions than answers. What happened? Why? And what can we do now? As a Wisconsin nursing home lawyer, Attorney Kristen Lojewski regularly guides families through the confusing and emotional path of investigating and pursuing long-term care cases.
This quick guide breaks down the types of claims available, the difference between injury, estate, and wrongful death claims, and who has the legal right to pursue compensation when a resident is seriously injured or dies due to neglect and corporate greed.
What Is Considered a Nursing Home Case?
Nursing home and long-term care cases typically arise when a resident suffers harm due to:
- Neglect
- There are many forms of neglect that can take place in a Wisconsin nursing home.
- Common examples of neglect included:
- Falls / Drops
- Pressure wounds (bedsores)
- Choking
- Wandering / Elopement
- Physical Asphyxia
- Dehydration / Malnutrition
- Infections
- Abuse
- Abuse can include physical abuse, sexual abuse, and emotional abuse.
- This can be abuse by a staff member or another resident.
Often times, this harm is as a result of:
- Staffing failures, e.g., understaffing, poor training, inadequate policies.
- Regulatory violations under federal OBRA regulations and Wisconsin DHS regulations.
- System failures caused by corporate-level decisions, typically to increase profits for corporate ownership.
A case against a Wisconsin nursing home often involves signs such as repeated falls, unexplained injuries and fractures, pressure wounds with exposed bone and infection, choking or elopement incidents leading to a resident's death, or sudden declines that the facility cannot adequately explain.
Types of Claims in Wisconsin Nursing Home Cases
Depending on the circumstances, a family may be able to bring one or both of the following claims:
SURVIVAL CLAIM
Survival claims are personal injury claims brought by either the resident him/herself or by their Estate, if the resident passes away due to the negligent incident. Wisconsin law allows the resident's estate to pursue claims for:
- Pain and suffering
- Medical and other related expenses
- Other compensatory damages
If a resident dies because of nursing home negligence, the survival claim focuses on what the resident went through before they died. It seeks to compensate for the injuries and suffering that occurred from the moment of the negligent incident up until death, no matter how long that period was.
These claims "survive" the resident's death and become part of the estate. The personal representative of the estate is usually the one who formally brings the claim.
WRONGFUL DEATH CLAIM
A wrongful death claim in a Wisconsin nursing home case is separate from the Estate's injury claim. A wrongful death claim allows eligible family members to recover damages for the losses they sustained as a consequence of the decedent's death. This loss is often legally referred to as "loss of society and companionship."
Who Can Bring a Wisconsin Wrongful Death Claim?
Wisconsin's wrongful death statute identifies a hierarchy of eligible claimants. In Wisconsin nursing home and assisted living cases, these claims are typically filed by:
- Surviving spouse.
- If no surviving spouse exists, then children.
- If no surviving spouse or children exist, then parent.
Wisconsin's wrongful death statute also allows siblings to bring a wrongful death claim, if there is no surviving spouse, children, or parents, and if the siblings were minors at the time of the death.
Wisconsin also has statutory damages caps in nursing home wrongful death cases, making legal strategy especially important in long-term care litigation.
How Do These Claims Work Together?
In many Wisconsin nursing home cases, both the estate's claim and the wrongful death claim are often brought together at the same time.
While both claims may be brought in a single lawsuit, they legally belong to different people. This is why proper estate administration and correct identification of the wrongful death claimants are crucial in every Wisconsin nursing home case.
Are Nursing Home Cases Different Than Other Personal Injury Cases?
Put simply, yes. Nursing home litigation is not the same as a standard personal injury case, such as a Wisconsin car accident case.
Wisconsin nursing home cases require:
A. Understanding Corporate-Level Decisions.
Many facilities are owned by complex corporate structures designed to minimize accountability. Uncovering the corporate relationships, management companies, and staffing subsidiaries is often key to proving systemic failures.
It's important to hire a Wisconsin nursing home lawyer who understands these corporate structures.
B. Regulatory Knowledge
Nursing home cases involve:
- Federal OBRA regulations
- Wisconsin DHS licensing rules
- Medicare/Medicaid staffing and PBJ data
- Investigations by DQA, surveyors, or ombudsmen
C. Proving Systemic Neglect
Many nursing home injuries are not "accidents." They happen because:
- Staffing levels were too low
- Care plans were ignored
- Policies were inadequate
- Leadership prioritized profits over safety
A strong Wisconsin nursing home attorney will investigate these failures from the ground up.
When Should I Call a Wisconsin Nursing Home Lawyer?
It is never to early to contact a Wisconsin nursing home lawyer to ask questions, obtain resources, and see if you have a nursing home case.
You should also consider calling a nursing home injury attorney if:
- The facility cannot clearly explain what happened
- Injuries appear suspicious or inconsistent
- There are repeated falls or unexplained bruising
- Your loved one has a sudden decline
- The facility discourages you from asking questions
- State investigators or police have been involved
- Your loved one passed away under unclear circumstances
Early involvement allows your lawyer to send preservation letters, collect public records from various state and federal agencies, and file a lawsuit early on if necessary.
You Don't Have to Navigate This Alone
Nursing home and long-term care cases are emotionally heavy and legally complex. Understanding the difference between survival claims and wrongful death claims is an important first step.
If your loved one was harmed, you deserve answers and accountability.
Whichever law firm you contact to assist you, be sure that they have handled and truly understand the complexities of nursing home and long-term care cases.
At Lojewski Abuse & Injury Law, Attorney Kristen Lojewski is a Wisconsin nursing home lawyer who exposes systemic failures and stands with Wisconsin families during some of their hardest moments.