You make a special trip to visit your elderly family member in a nursing facility. But when you see her, your heart sinks. Her lips are parched, she has obviously lost weight, and she looks as though she has not showered in weeks.
That’s when you realize you need the help of a nursing home attorney.
Research shows that in 2014, 7.6% of nearly 189,000 complaints involved exploitation, abuse, or gross neglect. Fortunately, if your family member has experienced this type of treatment, you have the right to fight back.
Here’s a look at how you can sue the facility using a nursing home attorney in Milwaukee.
Reasons Why You Need a Nursing Home Attorney
You trust a nursing facility to be your elderly loved one’s comfortable home away from home long term. Unfortunately, sometimes these facilities neglect to give your loved one the care he or she needs. And the outcome can be grave.
The reality is that neglect and negligence in a nursing home are forms of abuse. Here are some examples of neglect that can be dangerous or even deadly:
- Lack of help with toileting needs
- Dirty bedding and clothing
- Poor hygiene help
- Inadequate hydration
- Inadequate nutrition
- Lack of proper medication administration
- Lack of medical care
- No protection from hazards
- Lack of supervision
Why are these major problems in today’s U.S. nursing homes? You’d be surprised by the many nursing facility issues that go unchecked, even when administrators acknowledge they exist. Here are some of them:
- Careless supervision of employees
- Negligent retention and hiring of workers
- Careless premises maintenance
- Negligent equipment selection and maintenance
You may also run into nursing home negligence problems if your loved one’s facility doesn’t have enough staff to handle the workload.
You’ve recognized a nursing facility negligence problem. So, what’s the solution?
Wisconsin, like all other states, has a system in place for reporting elderly negligence. This means you can have your loved one’s situation investigated. The investigation includes interviews with nursing facility management and staff, you and other involved loved ones, and your loved one.
If officials find that your allegations are legitimate, your loved one can get help from adult protective services. These services are designed to fix your loved one’s nursing home issues and to keep them from occurring again.
But you may not be satisfied with this solution given the indignity or injury your family member has suffered. In this case, you can talk to a nursing home attorney about filing a civil lawsuit seeking damages against the facility.
If you decide to sue the facility, the attorney will start by collecting information about what happened to your loved one at the nursing facility.
Then, the attorney will investigate your claim to see if negligence occurred. An expert like a legal nurse consultant or doctor might help with examining records (such as facility records and billing records) to see if mistakes were made in the provision of care.
If the attorney finds that the nursing home was negligent, a lawsuit will be filed. Both sides can then request documents from each other and take depositions where they question one another under oath.
Finally, the case will go to trial or end in a settlement. In the case of a settlement, you agree to dismiss the case after receiving a particular amount in monetary compensation.
How We Can Help
Do you want to hold a negligent nursing facility accountable through today’s legal system? We can help.
Contact us to find out more about how a Milwaukee nursing home attorney can protect your loved one’s best interests and potentially get you the compensation you deserve.