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Even when nursing home neglect seems evident, building a case that leads to a fair award or settlement is difficul
Some common questions that often arise, include:
Is the injury or decline in health due to neglect or the residents pre-existing health problems or to what extent did one have an impact on the other?
How do you prove neglect what happened; what is the standard of care; and was the standard met?
How do you determine a dollar value for damages when the victim is elderly and has serious medical conditions?
Building a successful case requires:
Need Help? Contact our nursing home abuse attorneys toll free at 414-333-3333 or contact us by completing the Free Case Evaluation form.
Pre-suit investigation: The complexity of nursing home neglect becomes apparent immediately in the initial process of applying the facts to Federal and State laws and industry standards of care to determine if there is a basis for a suit.
Medical records (doctors, hospitals and nursing homes) for the resident must be acquired and reviewed not only for the entire time he or she was in the facility, but also for 5 to 10 years prior to admission.
Medical records will run 2,000 to 5,000 pages or more and the researcher will need to understand medical diagnosis, language and abbreviations. We will identify the areas of medical expertise needed to prove the case. In addition, the pre-suit investigation includes researching the facility’s history including past violations and lawsuits.
Mr. Pitman is a member of the Nursing Home Litigation Group of the American Association for Justice. Mr. Pitman was President of the Wisconsin Association for Justice in 2013 and is a current member of the National Academy of Elder Law Attorneys (NAELA). He lectures extensively on nursing home abuse and neglect and has authored numerous articles in the area of personal injury litigation.
Discovery: In determining the pattern, procedure, policies and people underlying the neglect, PKSD will rely on its understanding of the industry as it reviews as much as 10,000 pages of the facility’s operational, personnel and staffing, purchasing and financial documents.
Because local nursing homes are often owned by larger state or national corporations, it is common for the process of discovery to extend deep into the records of the parent corporations and their subsidiaries, and to multiple states.
Success in this stage requires knowing what documents to request, how to evaluate operational, purchasing and personnel policies relative to the neglect, as well as how to analyze financial data to determine if the corporation or an individual facility places profit over people.
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Preparation for trial: The skill and experience of the nursing home lawyers at PKSD comes to the foreground at this stage as they develop the strategy for the case. Thousands of pages of documentation are sifted down to the key documents supporting the case.
Expert witnesses are prepared and other witnesses are located and served. Key to their success is an understanding of how juries tend to respond to various presentations of nursing home neglect. (Juries are not as automatically sympathetic or generous in the case of nursing home neglect as you might intuitively believe.)
A Pitman, Kalkhoff, Sicula & Dentice attorney will build the case in such a manner that lay jurors will understand the complex medical and legal issues involved, appreciate the magnitude of the neglect and its consequences, and provide a deserving award.
I started my career defending insurance companies, but quickly realized my heart was in helping real people – not corporations. Now, I’m proud to fight for the little guy every day.
Trial: The fact is, attorneys for nursing homes and their insurance companies know how difficult it is to assemble a strong case of nursing home neglect. But they also know who has the background, resources and commitment to do it aggressively.
The proven history achieved by PKSD demonstrates success as defendants agree to large settlements.
At the law offices of PKSD, we are Wisconsin’s largest nursing home abuse and negligence law firm.
Our Milwaukee personal injury lawyers have more than 150 years of combined legal experience and a proven track record of success.
For more information about our services and how we can help you, contact us today toll free at 414-333-3333.
Client Reviews
PKSD was great to work with after I had been in a car accident. They were incredibly thorough, patient, and understanding through the whole process! Sam Killian handled my case and kept me up to date every step of the way. He worked to negotiate my final settlement and was transparent about timelines and total amounts. Great, clear communication! Definitely would recommend! They make it a breeze.
Excellent service! They handled my case with care and importance. They kept me updated every step of the way. They fought for me to get a higher payout and succeeded! I am grateful for their help!
I have use PKSD 3 times. They took very good care of me. They walked me through the process and answered all my questions. I recomend them to everybody I know.
Outstanding Legal Representation – Highly Recommend! I had an incredible experience working with PKSD. They fought hard for me and made sure I got the money I truly deserved. From start to finish, they were professional, responsive, and genuinely cared about my case. Their expertise and dedication made the process smooth and stress-free. I couldn’t be happier with the outcome and would highly recommend them to anyone in need of legal help. Thank you for everything!
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Jeffery A. Pitman, who has more than 28 years of legal experience and handled thousands of personal injury cases while obtaining millions of dollars in verdicts and settlements in Wisconsin.
Milwaukee Office
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1110 N Doctor M.L.K. Jr Dr #320, Milwaukee, WI 53203 Get DirectionsPhone
414-333-3333About Us
PKSD is a Milwaukee personal injury law firm dedicated to helping injured individuals. We take a hands-on, client-focused approach and work closely with the people we represent from start to finish. We are committed to providing responsive service and strong legal advocacy when it matters most.
Areas We Serve
PKSD proudly serves clients throughout the state of Wisconsin. We represent individuals and families in Milwaukee, Madison, Green Bay, Appleton, Eau Claire, Wausau, and surrounding areas. No matter where you are located, our team is ready to help.
