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Do you suspect a loved one is a victim of nursing home neglect? If so, you may wonder what you can do or whether you may have a legal case. Proving nursing home negligence is extremely challenging and almost impossible to achieve without legal help.
The failed nursing home system in America has made it much harder to protect residents living in these facilities. The good news is that PKSD has a proven history of success helping injured residents. We understand the evidence needed to build a strong nursing home neglect case and how to gather it.
Call today to learn more. There are no upfront costs to hire our services, and you pay no fees unless we win.
Request your FREE case review today. Call 414-333-3333
Nursing home neglect happens when residents do not receive proper care under the law. This includes providing the services, care and goods to avoid causing residents to suffer physical harm, emotional distress or mental illness.
Understaffing is an all-too-common problem in long-term care. It is also a leading cause of nursing home neglect. However, it is not the only one. Nursing home neglect may also occur when:
Unfortunately, neglect of a nursing home resident can also be intentional. For example, if caregivers purposely isolate a resident to prevent any social interaction with others. Sometimes caregivers do this to assert power over a resident.
Regardless of the reason for nursing home neglect, residents may suffer severe emotional and physical harm as a result. This type of substandard care can also be fatal for some residents.
It is possible to seek compensation for nursing home neglect. However, you must be able to establish that the nursing home owed you a duty of care and breached that duty. The burden of proof is on the victim – or his or her attorney – to show how that breach directly caused injury and damages.
If successful, you may be able to recover the following types of compensation for your loved one:
Recognizing the signs of neglect early on can help you to better protect a loved one who may be at risk.
Suspecting nursing home neglect is only half the battle, even if an attorney determines you may have a case worth pursuing. You can be sure that the nursing home’s insurance company will fight hard to prove there is no case.
Hiring an experienced nursing home abuse lawyer could greatly improve your chances of recovering compensation for your damages. At PKSD, our nursing home abuse lawyers in Wisconsin have extensive experience and a history of proven results.
In addition to hiring an attorney, it is important to gather strong evidence that supports nursing home neglect case. The evidence your attorney will seek may include:
Many nursing homes have surveillance cameras, but typically only in common areas. That said, some states allow family members to place granny cams in a resident’s room. Wisconsin is one of those states, however the law only allows you to record video. Audio recordings are not permitted.
Any resident could suffer an occasional accident, but red flags should go up if there are multiple and frequent injuries. Be sure to photograph these injuries and date them. Ask the nursing home how your loved one got hurt and ask to see his or her medical records. Document everything neatly and accurately.
Visit your loved one’s nursing home at different times of the day and without alerting the facility. This way you can get a more accurate understanding about the care your loved one receives.
Nursing home administrators owe a duty to prevent harm to residents in their care. This duty includes hiring candidates with sufficient training and experience. Background checks are also a must to help ensure a candidate is not an unsuitable or unsafe choice. An investigation may reveal the nursing home has a history of negligent hiring practices.
When you sue a nursing home for damages, you can be sure their insurance company will work hard to dispute any evidence you present. One of the ways they do this is by arguing that the resident had pre-existing medical conditions. Your attorney will dispute their arguments by comparing your loved one’s medical records from before and after the injury occurred.
In extremely tough cases, your attorney may need to bring in one or more medical experts to testify and provide more clarity about:
The nursing home may not show caregiver schedules to a family member, but an attorney knows how to gain access. Caregiver schedules may help to reveal how often understaffing occurs at your loved one’s facility.
If there are witnesses to the negligence that caused your loved one harm, your attorney may depose them. If credible, insurance companies give a lot of weight to neutral third party witnesses.
The New Mexico Health Care Authority’s Division of Health Improvement conducts investigations of abuse, neglect, and exploitation of residents in licensed health facilities. Evidence from these inspections provides official government documentation that serves as credible legal evidence. Because inspections result in impartial professional assessments, they carry significant weight in court proceedings.
Each deficiency identified in inspection reports receives a letter rating from A through L. The ratings are based on severity and scope, with deficiencies L, K, and J being the worst as they indicate a resident may be at high risk of being harmed and in immediate jeopardy.
These inspection reports directly support neglect claims by documenting specific patterns of substandard care. Inspection reports may have these types of problems:
Expert witnesses provide essential specialized knowledge in nursing home cases by establishing standards of care violations, explaining operational failures, and calculating future damages. Medical experts explain what proper care should look like, identify when nursing homes failed to provide that care, and determine if those failures caused injury.
Board-certified nursing home professionals provide detailed insights into care to help juries understand complex medical conditions and treatment requirements.
Credible nursing home administrators may serve as critical witnesses to explain regulatory requirements and operational standards to gauge whether a facility has failed to comply with these standards. They review records to see if the nursing home’s operations resulted in harmful conditions for residents.
Other industry experts may be called upon to verify whether facilities are adhering to proper care standards. Standards these professionals may testify about include whether appropriate staffing ratios, training requirements, and quality assurance protocols have been followed.
Life care planners create detailed documents outlining anticipated medical and non-medical needs, including:
These professionals assess a resident’s injuries, estimate future medical expenses and determine any lifestyle changes required. Their actions help ensure victims receive fair compensation for their ongoing care needs.
Your evidence of incidents and injuries help support your nursing home neglect case. Consistent, detailed, and accurate documentation helps to show clear signs of neglect.
Keep a journal of any incidents you observe or discover involving the neglect of your loved one. Write down dates, times, and specific details, including changes in your loved one’s behavior, appearance, or how staff treat them. Track your written complaints, note staff responses, and watch for defensive or dismissive reactions. A detailed log can help reveal patterns and support your case.
Document all interactions with nursing home staff, including dates, times, who was present, and what was discussed. Use voice recording apps or devices to capture conversations, statements, or incidents as they occur, but ensure you follow relevant privacy laws and obtain consent when required. Record staff responses to your concerns, explanations for injuries, and any promises made about corrective actions.
Gather statements from others, including residents and other staff, who may have witnessed the victim acts of negligence, like being left in soiled clothes or sheets for hours. See if doctor’s or other health professionals documented any comments about suspicious injuries in your loved one’s medical records.
Interview other nursing home residents and their families who may have experienced or observed staff ignoring your loved one when they asked for help. Some staff may be hesitant to speak out, while others may be willing to provide information anonymously.
In New Mexico, families have strict time limits to file nursing home negligence claims. Most cases are subject to a three-year statute of limitations, which begins tolling from the date of injury. Wrongful death claims also follow a three-year statute of limitations.
It is essential to obtain legal help as soon as possible, as evidence can quickly disappear. Witnesses may forget details or change the conditions that caused harm. Staff members may leave or forget what they saw, and evidence from any physical injuries disappear as they heal.
When you act early, it helps preserve memories and allows your attorney to gather key evidence. This evidence may include medical records, staffing schedules, and incident reports.
If you wait too long and miss the filing deadline, you can be fully barred from recovering any compensation. Quick action gives your family the best chance to hold the facility accountable.
If you find out your loved one may be a victim of nursing home negligence, take immediate action to ensure their safety. In addition to documenting your loved one’s injuries, take these decisive actions to protect your loved one’s safety.
If you believe your loved one is in immediate danger, you should call 911 without delay to ensure immediate medical attention while police initiate an investigation. Urgent medical care treats injuries and ensures a thorough evaluation for health issues related to suspected abuse. This independent medical assessment ensures proper treatment and creates official documentation.
If you suspect your loved one is being abused or neglected, contact your local Adult Protective Services. A social worker can review your concerns and begin an investigation. Also, report the abuse to the New Mexico Department of Aging and speak with your loved one’s doctor.
Our firm has extensive experience managing nursing home abuse and neglect cases. We have recovered millions for our clients.
Not sure if you have a valid case? That is just one of the reasons we offer a completely free, no-risk case review. In this confidential meeting, we listen to your concerns, answer your questions and determine if you have legal options.
If we represent you, there is never anything for you to pay up front or throughout the legal process. We only get paid if we recover compensation for you.
We Get Results. 414-333-3333
If successful, you may be able to recover the following types of compensation for your loved one:
Medical costs for treating the injury or harm the victim suffered
Mental anguish
Emotional distress
Pain and suffering
Prescription medication
Skilled nursing care at a different facility
Physical therapy
Counseling or other therapy
Transportation costs to and from medical appointments
And more
Recognizing the signs of neglect early on can help you to better protect a loved one who may be at risk.”
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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, Illinois, Iowa and New Mexico.
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