Nursing home neglect lawyer serving Wisconsin
Holding residential facilities accountable for injury & wrongful death
Taking care of our loved ones as they age represents an important yet daunting task that requires careful planning, consideration and information. We want to help provide a safe and secure space for the people we love most as they require more specialized care in their lives. Unfortunately, selecting a care provider for the elderly is often dependent on many limiting factors including finances, health and geographical location. Many people believe the best way to prevent elder abuse is keep loved ones close to home. However, as people age and require more attentive care, staying at home is not always a plausible or safe option.
You put your loved one’s life and well-being in a nursing home’s hands. The facility seemed like a place you can trust and feel comfortable leaving your mom, dad, or grandparent. Unfortunately, your loved one was mistreated and neglected during their stay; you are absolutely horrified.
Nursing home abuse should never be overlooked. Injury lawyer Steve Caya fights for elderly rights, and gets them the compensation they deserve. With 30 years of experience in law, he operates with an understanding for his clients’ suffering and need for a proper settlement.
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Filing a nursing home negligence lawsuit
Lawsuits against nursing homes can involve abuse, neglect, negligence or wrongful death. In any of these instances, the person who files the lawsuit must prove the nursing home or an employee committed a harmful act, and that this act was the direct cause of harm to the victim.
Typically when a successful outcome is reached, the nursing home’s liability insurance pays financial compensation to the victim. Working with a personal injury attorney who understands how insurers (and their legal teams) operate can give your claim a much higher chance of achieving truly fair compensation.
If you believe you have grounds for a nursing home neglect case, start with a free consultation at our Janesville law office (or we'll come to you, anywhere in Wisconsin). You'll learn what's considered negligence in a nursing home, how to prove it, and your best legal options for pursuing compensation.
Steve Caya is an award-winning personal injury attorney with a proven record of going the distance to win much-needed compensation for his clients. Explore personal injury case examples to see results and settlement amounts he's won for injured victims across the state.
August 14, 2019
Steve and his whole team fought very hard for me when I was wronged by my insurance company. Everyone was kind, caring, and friendly, and truly cared for my situation. Then we had a terrible tragedy happen in my family were so caring and reached out to check on my family and sent a very personable heartfelt card. It meant a great deal to me. Everyone is so nice and they legitimately care. All of them were absolutely wonderful. God bless you all.
Nursing home abuse, neglect & negligence – what’s the difference?
There are many different types of behavior, accidents and failures that can be grounds for a personal injury claim against a nursing home or other care facility.
Nursing home abuse (or elder abuse) is when a caregiver intentionally causes harm to a patient. Examples can include denying basic needs such as food, water or medical care. Physical, sexual and financial abuse are also in this category.
Nursing home neglect is unintentional harm caused by a failure to provide adequate care. Examples include poor hygiene, calls for assistance going unanswered, failing to follow an individual’s care plan, or otherwise failing to meet the needs of a patient or resident.
Nursing homes and other facilities have a responsibility to provide a safe environment. Breaching this duty of care constitutes negligence.
Examples of nursing home negligence include:
- Negligent hiring practices leading to the abuse or neglect of a patient
- Failure to properly train or supervise staff responsible for patient care
- Insufficient supervision of a patient or resident, leading to a fall or other accident causing injury
Failure to take appropriate and/or ethical measures that can be reasonably expected in a specific circumstances qualifies as negligence. There are many other specific types of elder abuse, neglect or negligence which can lead to a nursing home lawsuit being filed.
Understanding legal liability in nursing home neglect cases
Nursing home abuse or neglect can take many possible forms. If you or your loved one believe you have grounds to make a legal claim, your next best step is speaking to an experienced and compassionate personal injury attorney about the situation.
Our law firm holds negligent caretakers accountable and fights for fair compensation for victims and their families.
Even the slightest act of abuse or negligence can have a terrible impact on vulnerable individuals. Contact our law firm today for a free consultation.
Signs of nursing home abuse you shouldn’t neglect
You don’t necessarily have to see the abuse to know it’s happening. Subtle or obvious signs both serve as clear evidence of neglect - don’t ignore them.
Signs of elder mistreatment or abuse include:
- Poor hygiene/appearance
- Soiled linens & clothes
- Undiagnosed sickness/disease
- Sudden weight loss
- Lack of social friendliness
- Withdrawn behavior
Tragically, victims in these cases are often unwilling or unable to speak up for themselves. Your loved one might deny it; but it’s up to you to take action.
Nursing home slip and fall claims
If a resident falls in a nursing home, the facility isn’t automatically at fault for the fall and any resulting injuries. Nursing homes do have a legal obligation to create and follow an individualized care plan, taking into account each patient’s overall strength, vision, balance, and mobility; medications, and other factors that can contribute to falls.
They also have an obligation to keep residents “reasonably safe” from falls, including providing equipment like grab bars, walkers, bed rails and more.
When there is evidence of negligence, or proof that a staff member failed to take reasonable care to prevent a fall, there may be cause for a personal injury claim. Examples of negligent behavior can include things like:
- Operating understaffed, hiring unqualified staff, or failing to provide adequate training
- Failure to maintain a reasonably safe environment, leading to hazards such as wet floors, poor lighting or damaged flooring
- Failure to use proper care when moving a resident from their bed to a wheelchair, or another transfer
If a nursing home resident is injured in a fall, there may be cause for a personal injury lawsuit. A nursing home slip and fall case may proceed much like other slip and fall claims, or it could involve malpractice. Protect your loved one’s best interest and consult an experienced attorney to discuss the specifics of your case and recommended next steps.
Nursing home wrongful death
Some nursing home deaths are not preventable. Other nursing home deaths are unnatural, stemming from improper patient care or abuse. Without a third-party investigation, many unnatural nursing home deaths go unreported because so many residents suffer serious and/or chronic illnesses.
When a nursing home and its employees are at fault for the death of a patient, the family of the deceased has the right to seek compensation through a lawsuit. Not only does a settlement or jury award cover expenses like medical and funeral costs, it holds the facility responsible for its actions and help increase awareness of this issue.
If you’ve lost a loved one under the care of a nursing home and believe the facility and its personnel are at fault for the death, you may be able to seek justice through a wrongful death lawsuit. Contact our law firm for a free case evaluation to learn more. We operate on a no-win, no-fee basis and represent victims and their families throughout Wisconsin.
3 Reasons why contacting an attorney is crucial
You spotted the signs of nursing home abuse. Don’t wait until it’s too late—call Steve Caya immediately.
- Your loved one’s health is at risk
- You might be their only hope
- Bringing justice to the nursing home facility saves other lives
Our law firm fights for and protects elderly rights. In some cases, they aren’t capable of speaking up and defending themselves. Attorney Steve Caya is their trusted voice and ensures they receive the compensation they deserve.
Your loved one is counting on YOU. Contact Steve Caya right away to file a personal injury claim. His fair and honest practice in law proves worthy of his nationally-recognized reputation as a civil trial specialist, and he has a compassion for his injured clients. With his no win, no fee policy, he helps victims with the financial aspects of filing a personal injury lawsuit so you can focus on the well-being of your loved one.
Steve Caya handles many types of personal injury claims including: