Shocking Case of Elder Abuse in Milwaukee
Woman neglected in nursing home dies, family settles out of court
On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Wednesday, February 20, 2013.
Nursing homes that receive Medicare and Medicaid in Wisconsin are legally required to report all instances in which a resident is mistreated, abused, neglected or injured in an unknown manner within 24 hours of the happening. However, this federal law is not always adhered in Wisconsin, which is particularly troubling because it directly impacts some of the most vulnerable members of our state.
It is reasonable for Wisconsin families to expect that when they put their elderly loved ones into some sort of care facility, their health is being looked after by the medical professionals and staff that the family has trusted. Further, if there is a breakdown in this and neglect or abuse occurs, it would be reasonable to think that the state will take action to rectify this.
However, many of these instances of neglect or abuse go unreported, so it is often the responsibility of the family to report such complaints in order to see an investigation. According to one advocate for the elderly and their families, “The insidious thing about facilities not reporting incidents is that there’s no way to know what’s not getting reported.”
In instances in which a care provider fails to adhere to these laws, a family can file a civil suit on the grounds of negligence, wrongful death or medical malpractice. One man filed a lawsuit after his wife fell and then died when she was in the care of a facility about an hour from Milwaukee.
Reportedly, the wife pushed the call light, but no one came for quite some time. So she attempted to get out of bed on her own, fell and hit her head, causing serious bleeding in her brain. She died the next day and the fall was never reported.
The husband filed a wrongful death claim against the company that owned the nursing home, and settled out of court. Unfortunately, as this case demonstrates, surveyors and federal regulators cannot catch everything. Accordingly, it is often up to family to remain alert for instances of abuse and neglect of elderly loved ones in a nursing home. If a family has suspicions of mistreatment, an experienced nursing home neglect lawyer could be invaluable in seeking justice on behalf of an elderly loved one.
Source: WisconsinWatch.org, “Wisconsin nursing homes fail to report deaths, injuries,” Feb. 18, 2013
Our firm has experience handling similar cases. If you have a loved one who has suffered elder abuse in Milwaukee or anywhere in Wisconsin, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. to discuss your options.