When we place our loved ones in a nursing home, we expect them to receive care and dignity they deserve. Unfortunately, nursing home negligence is a growing problem, leaving many families wondering if they have legal options. If your loved one has suffered due to nursing home neglect or abuse, you may have the right to sue the nursing home for negligence. 

Here is a step-by-step guide to help you understand the process. 

Step 1: Identify the Signs of Nursing Home Negligence 

Before taking legal action, it is crucial to stay vigilant and recognize the signs of nursing home neglect, which may include:

• Unexplained injuries, such as bruises, bedsores, or fractures
• Malnutrition or dehydration
• Poor hygiene (dirty clothing, soiled bedding)
• Medication errors
• Sudden emotional or behavioral changes 

If you suspect nursing home neglect, document everything. Take photographs, obtain medical records if you can, and take detailed notes of concerning incidents and conversations. 

For a comprehensive look at how to identify signs of nursing home neglect and abuse, see Lojewski Abuse & Injury Law's blog post dated March 4, 2025. 

Step 2: Report the Nursing Home Neglect

Before filing a lawsuit, consider reporting the nursing home neglect to the appropriate authorities. If your loved one is in immediate danger, you should contact 911. You can also report nursing home neglect to:

• Nursing home management. Document who you speak with and what is said. 
• File a complaint with the Wisconsin Division of Quality Assurance and/or Adult Protective Services.
• Contact the local Long-Term Care Ombudsman for advocacy and support. 

While some incident reports and other filed complaints may not be admissible as evidence in Wisconsin, these documents are important roadmaps into the lack of care and treatment your loved one may have been receiving and can provide critical evidence and information that may not otherwise be discoverable. 

For a more complete list at how to report nursing home neglect and abuse, see Lojewski Abuse & Injury Law's blog post dated February 13, 2025. 

Step 3: Consult a Nursing Home Neglect Attorney

Often, nursing home neglect and nursing home abuse cases involve systemic failures by a large corporation (i.e., the nursing home), such as understaffing and lack of training to ensure staff are qualified and competent. An experienced Wisconsin nursing home abuse lawyer can assess your case and guide you on the best course of action. If a law firm does not specifically focus on nursing home abuse cases, that law firm may not understand everything it takes to prove corporate negligence. An experienced lawyer will help determine if negligence occurred and whether you have a valid claim for compensation. 

Step 4: Gather Evidence.

To build a strong case, an experienced nursing home abuse attorney will collect evidence, such as:

• Medical records
• Witness statements from former nursing home employees and/or other providers, family, and friends
• Police reports and 911 calls
• Facility inspection and deficiency reports
• Photographs of injuries, poor living conditions, etc. 

This evidence helps establish that the nursing home failed to meet the required standard of care. In nursing home neglect cases, an experienced attorney should collect and review medical records to ensure that medical records support both the negligence and causation components required to prove a nursing home neglect or abuse case to achieve full and fair money justice. It will be important to retain medical experts as well who are qualified to discuss nursing home standard of care and medical causation.

Step 5: File a Lawsuit

If negotiations with the nursing home or its insurance provider are not successful, your attorney may recommend to file a lawsuit on behalf of your loved one. If a lawsuit is filed, the case will go through legal proceedings, which may include:

• Discovery (gathering evidence from both sides)
• Depositions (sworn testimony taken under oath)
• Mediation (an alternative dispute resolution to attempt to settle the case before trial)
• Trial (if a settlement is not reached, this is often a jury trial in front of 12 members of the community)

In some instances, your loved one's admission agreement with the nursing home may include an arbitration clause. An arbitration clause requires disputes to be resolved by a third party arbitrator, rather than by a jury trial in court. Many arbitration clauses benefit the nursing home and reduce a victim's ability to present evidence, appeal decisions, or have a jury trial. An experienced nursing home abuse attorney will review the admission agreement, determine if an arbitration clause exists, and determine if the arbitration clause is legally sound or should be challenged in court. If your loved one's admission agreement contains an arbitration clause that should be challenged in court, this motion practice will take additional time at the onset of filing the lawsuit. 

Step 6: Seek Compensation for Damages

If the lawsuit is successful, your loved one may be entitled to compensation for:

• Medical Expenses
• Pain and suffering
• Mental anguish / emotional distress 
• Wrongful death damages (if applicable), such as loss of society and companionship 

No family should have to suffer the consequences of nursing home negligence. If you suspect neglect or abuse, take action immediately. At Lojewski Abuse & Injury Law, Kristen is an experienced Wisconsin nursing home abuse lawyer that fights to hold negligent nursing home facilities accountable. Your voice is heard and your story is told at Lojewski Abuse & Injury Law.