The elderly are a vulnerable population who often depend on others for their safety and overall well-being. When you place your loved one in a nursing home, it is often because you have no other choice, is usually the recommendation by a medical provider like a doctor, and is for the best interest and safety of your loved one. You should be able to trust the nursing home facility and staff caring for your loved one. After all, many nursing home facilities advertise that they provide individualized care, 24/7 supervision, and treat your loved one like family. Sadly, that is not always true.
At Lojewski Abuse & Injury Law, Kristen has extensive experience holding nursing homes accountable for their negligence and systemic failures. Call Kristen to share your story or submit your story for a free consultation.
Understanding Nursing Home Abuse
Nursing home abuse refers to the mistreatment or neglect of elderly residents in long-term care facilities. Injuries in long-term care facilities happen for many reasons, including abuse and neglect by the nursing home staff or other residents. Unfortunately, nursing home abuse happens far too often throughout the nation, and Wisconsin is no different. It can take various forms, each of which can have serious physical, emotional, or psychological consequences for the victim.
The most common types of nursing home abuse include:
- Physical Abuse - this often involves the intentional use of force that causes harm to the resident, such as hitting, slapping, pushing, or using excessive force while handling the elderly resident. It can also involve the use harmful use of restraints.
- Sexual Abuse - sexual abuse is any non-consensual sexual contact or behavior toward a resident. Many residents in nursing homes have been diagnosed with dementia and would be incapable of consent.
- Neglect - most nursing home claims fall into the category of neglect, which is when the facility and staff fail to provide the necessary individualized care to a resident that directly results in injuries or death of the resident.
- Psychological or Emotional Abuse - this occurs when the nursing home verbally threatens, belittles, humiliates, or intimidates the resident and can involve yelling, insulting, or isolating the resident from others.
- Financial abuse - this is the illegal or unethical use of a resident's money or assets and can including stealing money, forging signatures, manipulating the elderly resident into giving away money, or misusing their financial resources for personal gain.
At Lojewski Abuse & Injury Law, Kristen often pursues the systemic failures in nursing home abuse cases rather than focusing solely on one or two "bad apple" staff members because, in many cases, nursing home abuse is commonly the result of negligence from the corporate owners. For example, a nursing home might be short staffed or staff members may lack proper training due to the corporation choosing profits over resident safety.
Nursing Home Neglect in Wisconsin
The terms "neglect" and "abuse" in the nursing home setting often get used interchangeably. But, since many nursing home claims fall within the legal definition of neglect, it is worth discussing in more detail.
To prove negligence in Wisconsin, like in many other states, there are four main elements that must be proven:
- Duty of Care: establishing that the person accused of negligence (defendant) owed a duty of care to the person harmed (plaintiff), e.g., the nursing home and its staff have a duty to take reasonable steps to provide appropriate and adequate care for residents, including assistance with transfers.
- Breach of Duty: the defendant did not act as a reasonable person would have in the same situation, e.g., nursing home fails to assist a resident with a transfer to the bathroom, and the resident falls and injuries herself.
- Causation: the breach of duty directly caused the harm to the plaintiff, e.g., the fall was directly caused by the nursing home's failure to provide enough staff members and failure to provide necessary assistance to the resident.
- Damages: showing the plaintiff suffered actual harm or damages as a result of the defendant's actions or inactions, e.g., medical bills, broken bones, pain and suffering, or death.
Common Examples of Nursing Home Abuse & Neglect Cases
The type and severity of nursing home abuse or neglect injuries differ significantly based on the injured individual and the circumstances surrounding the situation. There are common injuries that occur in nursing homes due to abuse and neglect and common case types as a result. These include:
- Falls / Drops
- Pressure wounds (also called bedsores)
- Choking / Aspiration
- Wandering / Elopement
- Physical Abuse / Sexual Abuse
- Physical Asphyxia (also called mechanical asphyxia)
- Medication Errors / Medication Mismanagement
- Dehydration / Malnutrition
- Infections
It is important to note that this is not an exhaustive list. If you feel your loved one is being mistreated, abused, or neglected in a nursing home, share your story with Attorney Kristen Lojewski, and she will provide you with compassionate, honest legal advice. After listening to you, if she feels she cannot assist you, she will provide you with alternative resources.
Warning Signs of Nursing Home Neglect
The warning signs of abuse or neglect at a nursing home can be obvious in some situations, or very subtle in other cases. Some common warning signs that your loved one is experiencing abuse or neglect include:
- Unexplained injuries such as bruises, cuts, burns, or fractures
- Bedsores or other mismanaged sores
- Significant weight loss
- Repeated falls or injuries
- Withdrawal, anxiety, fearfulness, or agitation
- Depression or sudden mood changes
- Reluctance to speak or becomes isolated
- Unexplained confusion or paranoia
- Dirty room, clothing. or other personal items
- Poor hygiene
- Wet or soiled diaper or clothes for long periods
- Call light continuously going unanswered
- Unable to find staff for help
- Staff reluctant to allow visitors
If your loved one in the nursing home reports to you that he or she is experiencing abuse, even if your loved one has dementia and is not the best historian, it is important to take these verbal allegations by your loved one seriously.
It might be hard to believe that a loved one is being abused or neglected at a nursing home. But nursing home abuse happens, so it is important to understand the common warning signs and be willing to take action.
What Should I Do if I suspect Nursing Home Abuse?
If you suspect your loved one is being abused at a nursing home, you should take the following steps:
- Call 911 -- if you feel your loved one is in immediate danger, call 911 and report your concerns to the police.
- Inform a Supervisor -- report the nursing home neglect to a Nurse Manager, Director of Nursing, Administrator, and/or Regional Manager. Document who you spoke with, when you spoke with them, and the details of the conversation.
- Contact the State's Long-Term Care Ombudsman -- The long-term care ombudsman is for adults aged 60 or older and is a helper who responds to issues and complaints from people who live in nursing homes and certified community-based living facilities. The State's Ombudsman program is through the Wisconsin Board on Aging and Long Term Care. You can visit their website here or contact them at 800-815-0015.
- Contact Disability Rights Wisconsin -- if abuse or neglect is happening to your loved one who is under the age of 60, there is an Ombudsman program for people ages 18-59 through Disability Rights Wisconsin. You can visit their website here or contact them at 800-928-8778.
- Report to the Division of Quality Assurance (DQA) -- the DQA is a reporting agency with the Wisconsin Department of Health Services that regulates long-term care facilities, like nursing homes, assisted living facilities, adult family homes, community based residential facilities, and residential care apartment complexes throughout the State of Wisconsin. You can file a complaint online or call 800-642-6552 to leave a voicemail to file a complaint.
- Document Everything -- these claims can take time and, as time passes, memories fade. It is important to take notes detailing your loved one's injuries and individuals at the nursing home you may have spoken with about the abuse or neglect. If you file a lawsuit against the nursing home, these notes may become evidence in your case.
- Take Photographs -- at Lojewski Law, Kristen understands taking photographs of your loved one's injuries can be difficult, especially if the injuries are in a private area. But, photographic evidence in many cases is essential to combatting common nursing home abuse defenses. Many people, including jurors, are visual learners. So, sharing a photograph with a jury tells a story that medical records alone can't.
- Gather Medical Records -- medical records are still critical in any nursing home abuse and neglect case. Request a complete medical chart from the nursing home. A knowledgeable Wisconsin nursing home abuse attorney should begin collecting medical records shortly after you retain them. But, it is possible that the nursing home may give you documents that they will not provide to your attorney until a lawsuit is filed.
- Contact an Attorney -- these cases are complex, both medically and legally. A lawyer who understands nursing home abuse cases and can guide you through the litigation process can make all the difference to help secure full and fair justice.
Contact a Wisconsin Nursing Home Abuse Lawyer Today
If you suspect your loved one is suffering from nursing home abuse or neglect, it is important to act quickly and seek help. Contacting Lojewski Abuse & Injury Law could provide you with a better understanding of your options and investigate any claims of abuse or neglect.
Kristen knows firsthand what bad care in a nursing home facility looks like because she experienced it with her own grandpa, and she has been fighting against elder abuse ever since.
You may never receive an apology or acknowledgment of any kind from the nursing home, whether you win a legal battle or not. So, you shouldn't fight alone either or be bullied by a large corporation with endless resources. Contact Kristen for a free consultation at (414) 999-3771 or submit your story here to Be Seen, Be Heard, Be Safe, and Be Championed.