A nursing home should be a clean, comfortable place for our loved ones to live. Nursing homes are meant to care for our loved ones when their needs become too great. Unfortunately, abuse within nursing homes is not uncommon, and many residents are victimized every year.
After discovering that your loved one was abused in their nursing home facility, you can help them file a lawsuit to claim compensation for their damages. Damages in these situations often pay for the medical treatment needed to recover from abuse and the emotional and physical suffering of an injury. You might have to be an advocate for your loved one if they are unable to assert their rights on their own.
However, our Milwaukee nursing home abuse lawyers can help you fight for your loved one and hold facilities responsible for damages when they violate the trust of your family. Your loved one might also need immediate assistance to escape their abusive conditions. Call Wruck Paupore at (219) 322-1166 for a free case evaluation.
Nursing home abuse is sometimes obvious, but more often, it is hard to identify. Abusers often go to great lengths to cover up signs of abuse, or they abuse their victims in such a way as to avoid leaving visible marks. It might be even harder to determine if your loved one is being abused if they have difficulty with communication or memory. For example, if your loved one is a stroke patient who cannot speak or suffers from conditions like dementia, they might be unable to tell you that they are being abused.
Whatever the abuse may be, our Milwaukee nursing home abuse lawyers can make sure you get help for your loved one. Once you begin noticing signs of abuse, try to document each injury or symptom you see.
Abuse is often physical. Your loved one might be the victim of nursing home abuse if you notice any injuries that cannot be explained, including bruising. You should also take note of how often you discover injuries. One minor injury might be an accident, but several injuries over the course of a few weeks or months might well indicate abuse.
Abuse can also be verbal, emotional or sexual and signs of this abuse are not always outwardly visible. If you notice changes in your loved one’s behavior, attitude or demeanor, they might be suffering from abuse. Look out for depression, anxiety, mood swings, withdrawal from social situations, or other changes in your loved one’s behavior.
The question of who can file a lawsuit for nursing home abuse depends upon the situation. Nursing home patients are usually adults who can legally pursue legal action on their own behalf. However, many nursing patients also suffer from debilitating medical or psychological conditions that make pursuing legal action on their own behalf impossible.
If your loved one is an adult capable of understanding what is happening to them and how to file a lawsuit, they may retain legal representation and seek legal recourse on their own. If your loved one is incapable of handling the situation alone, you might be able to step in and retain a lawyer on their behalf. This may require that you or someone in your family obtain legal guardianship or power of attorney with respect to your loved one. In either case, our Milwaukee nursing home abuse attorneys can help your loved one get compensation for the abuse they suffered.
If your loved one passed away because of the abuse they suffered in their nursing home, a representative of their estate can file a lawsuit. Their abuse claim might also survive them even if it was not their ultimate cause of death. In either case, it is critical to figure out who represents your loved one’s estate and discuss seeking legal recovery for wrongful death or filing an action on behalf of the deceased’s estate.
Nursing home abuse should be reported right away. Allegations of abuse are very serious, and many people are hesitant to make such accusations without solid proof. Do not be afraid to come forward and report your suspicions. If you are not entirely sure if your loved one is being abused, but you suspect they are, you can report the situation to the Office of Caregiver Quality of the Wisconsin Department of Health and Services.
The Office of Caregiver Quality is required to investigate and get to the bottom of your suspicions. If the investigation confirms abuse, our Milwaukee nursing home abuse lawyers can begin legal action against the nursing home. It might also be necessary to contact law enforcement and have the abusers arrested and criminally charged. When in doubt regarding your loved one’s safety, call 911 immediately and then contact us so we can discuss the best course of action. There is no cost for a legal case review.
Once you know your loved one has been abused in their nursing home, the next step is holding the nursing home responsible. We cannot prove the nursing home’s liability without evidence, but we will work with you and the authorities to gather proof of the abuse. The specific evidence needed to support your abuse claims and hold the nursing home accountable will vary from case to case.
If your case is based on physical abuse, we will need medical records pertaining to the treatment of their injuries. If possible, you should also photograph the injuries before and after your loved one is taken in for treatment so the court can see those signs of abuse themselves. We can also have your loved one’s doctor testify about the injuries and the extent of the damage.
Invisible injuries like psychological trauma might be harder to prove. If your loved one suffered emotional or mental abuse while in the nursing home, our Milwaukee nursing home abuse attorneys can arrange to have them evaluated by a mental health professional. Your testimony about their change in mood and demeanor can also go a long way towards proving how the abuse affected them.
It is important to note that there are often criminal charges filed against various people in cases of nursing home abuse. Staff members and administrators may be tied up in criminal proceedings. If the criminal trials result in guilty verdicts, we can use those verdicts against our defendants in civil court.
If your loved one was abused while living in a nursing home, our Milwaukee nursing home abuse attorneys can advocate on their behalf for compensation. Call Wruck Paupore at (219) 322-1166 for a free case evaluation.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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