December 19, 2013 by Domnitz & Domnitz, S.C.

Update from Milwaukee Personal Injury Lawyer Blog

Nursing homes grapple with dementia and ability to consent

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Thursday, December 19, 2013.

We recently wrote about nursing home abuse in our Milwaukee Personal Injury Lawyer Blog. The prior blog discussed a situation involving a staff member who was charged with sexually assaulting a resident. No sexual intercourse should be had between staff members and patients, but what about two patients who consent?

Patients are often allowed to have relationships; simply because they require assistive care doesn’t mean that they have lost the need for emotional and physical connection. However, when one or both of the patients have dementia, where does the line get drawn between the ability to consent and sexual abuse?

Take a recent case involving hospital administration that found that two patients with dementia had voluntary intercourse without the knowledge of the staff. The director of nursing and the home’s administrator discussed the situation and chose not to report it. Later, when others learned of the situation, the two were fired. The home was fined $47,000 by the Department of Inspections and Appeals for the failure to report.

When the woman’s family later filed a lawsuit against the facility, the issue of consent arose. The woman had suffered from Alzheimer’s at the time. The family said that this disease prevented her from being able to consent. The nursing home claimed that the woman had been a willing participant.

What complicates these cases even further is the fact that many people suffering from Alzheimer’s may know who they are in the morning, showing fewer signs of incapacity. As the day goes on, the individual becomes less aware, but at what point does the patient lose the ability to consent? Does the fact that the patient suffers from dementia at all eliminate the ability to consent? Should the staff always step in to stop any sexual activity and always report it when they find that it has occurred? Is this a case of failure to supervise?

The answers to these questions may vary from one situation to another. Laws that differ from one state to another can certainly affect a case as well. A Milwaukee attorney can explain how different factors may affect a case and craft an argument that ensures the rights of the patient are upheld.

Source: JournalGazette.net, “Dementia, sex worrisome mix,” Bryan Gruley, Oct. 7, 2013

If you were injured due to nursing home abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

October 21, 2013 by Domnitz & Domnitz, S.C.

More Shocking News for Milwaukee Nursing Home Abuse Victims

Former nursing assistant accused of sexually assaulting residents

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Monday, October 21, 2013.

A nursing home resident being abused in any way is horrible. When this abuse is physical or sexual in nature, the damage done to the resident and loved ones goes well beyond bruises and other signs of physical abuse. Rather, this type of abuse is also emotionally damaging and can leave a loved one in an even more vulnerable state.

This is why all accusations of physical and sexual abuse should be taken seriously and reported to police in a timely matter. The family can also look into civil options with a personal injury attorney.

In one recent case, a 41-year-old former certified nursing assistant waived a preliminary hearing. This means next month he will appear in court for an arraignment on the charges against him. These charges are related to accusations that he sexually assaulted three nursing home residents at the facility he worked at.

The first assault goes back to July. However, after the abuse was reported, an internal investigation was conducted and the nursing assistant continued to work there. According to the arrest affidavit, the internal investigation found the reported incident was “unfounded,” hence why he continued to work at the home.

The following month, however, the affidavit states another victim came forward. This time the 41-year-old was arrested while working.

Since being arrested, another victim has been added to the case against the 41-year-old.

Hearing of allegations like this is certainly disturbing. And while this former nursing assistant is only being accused at this point, the fact remains that there are plenty of cases involving nursing home residents who are abused by those trusted to care for them.

When this trust is broken, and a loved one is abused in any kind of way, aside from criminal charges, some do take comfort in holding the abuser or the home this abuser worked at civilly responsible. An attorney with experience handling these types of sensitive cases can provide more information on holding these abusers accountable.

Source: Broomfield Enterprise, “Hearing waived for man accused of sex assault on patients at Broomfield nursing home,” Oct. 17, 2013

If you were injured due to nursing home abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

May 17, 2013 by Domnitz & Domnitz, S.C.

Nursing Home Abuse Never Seems Far from Milwaukee

Criminal charges issued after sexual abuse at nursing home

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Friday, May 17, 2013.

Placing a loved one in the care of a nursing home can be an incredibly difficult decision. A family has to completely trust that the facility will always closely look after and care for their loved one. Unfortunately, many nursing homes allow residents to be neglected or even abused.

The abuse of individuals trusted to the care of nursing homes rightfully angers many. For the families of these victims, anger does not begin to cover the emotions experienced after such a trauma. The family feels betrayed and furious that their trust was also abused when a nursing home fails to protect their loved one.

A vulnerable, incompetent adult was recently sexually abused at a nursing home out-of-state. The attacker is facing criminal charges of sexual abuse and endangering the welfare of an incompetent or physically disabled person.

Unfortunately, this most horrific manifestation of nursing home abuse is also too common in nursing homes across Wisconsin. In many instances, criminal charges for the culprit are not enough justice for a family in Milwaukee that had a loved one sexually abused in the care of a nursing home facility.

Many families feel let down by a facility that failed to prevent such an action from occurring in the first place. Accordingly, there are additional measures that can be taken to pursue recourse. A nursing home abuse attorney can assist a family file a lawsuit in attempt order to hold a negligent facility financially accountable for their liability in the sufferings of a family’s vulnerable or elderly loved one. If you need legal help due to nursing home neglect or abuse, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C.

Source: WXXA, “Glens Falls man accused of sexual abuse at nursing home,” May 10, 2013

November 2, 2012 by Domnitz & Domnitz, S.C.

South Milwaukee Wrongful Death Case Settled with Nursing Home

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Wrongful Death on Friday, November 2, 2012.

A settlement was recently reached regarding a wrongful death case out of a nursing home in South Milwaukee. A 90-year-old resident was reportedly raped by another resident that was also 90-years-old, and known to be acutely sexually aggressive, in Jan. 2009. It appears that 18 days after the attack, the victim died.

The attacker was transferred to an alternate nursing home, and was deemed mentally incompetent and therefore not criminally charged. However, it is reported that before this resident attacked the victim, he was shortly before prevented from assaulting a separate resident. After the first attempted attack was thwarted, the sexually aggressive resident was left unattended by the residing nurse.

The family of the victim that died after being sexually assaulted filed a wrongful death claim on the grounds that the South Milwaukee nursing home did not provided their nurses and other staff with adequate training regarding sexual assault between residents, which resulted in a sequence of events transpiring that ultimately lead to their family member’s death.

The case went before a jury for four days before a settlement was reached. Both sides declined to comment on the terms of the settlement so the exact figure is not presently public knowledge. While financial compensation will not erase the pain the family endured knowing this was the end their loved one suffered, hopefully the settlement can bring some sense of closure. Additionally, hopefully this tragic case will raise awareness and prevent similar instances from occurring in the future in Wisconsin or elsewhere.

Source: Milwaukee-Wisconsin Journal Sentinel, “Nursing home rape case settles mid-trial,” Bruce Vielmetti, Oct. 16, 2012

Our firm has experience handling similar cases. For more information, please visit our Milwaukee nursing home wrongful death page. If you need legal representation for the wrongful death of a loved one, contact a Milwaukee personal injury attorney with Domnitz & Domnitz, S.C. for a free consultation.

March 27, 2012 by Domnitz & Domnitz, S.C.

Milwaukee Elderly Sexual Abuse Attorney Shares Shocking Story

Woman sexually abused at nursing home for months

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Tuesday, March 27, 2012.

Unfortunately, abuse at nursing homes can happen just about anywhere, the Milwaukee area included. Over in a neighboring state, a shocking cause of sexual abuse at a nursing home is making headlines.

A woman at the facility, whose age was not reported, was apparently sexually abused at the nursing home over a period of months. The woman apparently was not able to tend to her own bathroom needs, dress or bathe by herself.

The worker’s abuse apparently included fondling her breasts and forcing her to perform oral sex on him. The abuse went on for months, according to a Health Department report. The employee had also apparently been accused of “sexually inappropriate” behavior at other facilities previously.

For the latest abuse, the man was fired. Police apparently attempted to contact him, but the phone numbers he provided did not work.

When he had been confronted by staff members about the abuse, he claimed that the woman didn’t make sense and was under the impression that he would marry her. But other staff members claim the woman was “alert and oriented,” according to the Star Tribune.

In the earlier allegations of misconduct, the Health Department did not initiate further investigations and the nursing home was not held responsible for the alleged abuse.

As for the more recent case, prosecutors haven’t made a decision whether charges will be filed against the man. Officials with the local police department were checking to see where the investigation stood.

Source: Star Tribune, “Woman in St. Paul nursing home sexually abused over months, report says,” Paul Walsh, March 20, 2012

Do you need legal assistance from a Milwaukee personal injury attorney for a case of nursing home abuse? Contact Domnitz & Domnitz, S.C. today for a free initial consultation.

February 7, 2011 by Domnitz & Domnitz, S.C.

Milwaukee Nursing Home Abuse Attorney Shares Horrific Story

Nursing home abuse case: Man confesses to abusing 114 people

On behalf of Milwaukee personal injury attorney Ric Domnitz of Domnitz & Domnitz, S.C. posted in Nursing Home Abuse on Monday, February 7, 2011.

According to recent reports, a therapist in Switzerland has confessed to sexually abusing more than 110 mentally disabled men, woman and children over a 29-year period. The 54-year-old was arrested nearly a year ago in this nursing home abuse case, but authorities kept the details of the case quiet to avoid media attention that would adversely affect the investigation.

Authorities detailed that “one of the central questions of this investigation is how such levels of abuse could go undetected for so long.” Officials believe that the man’s nursing home abuse practices began in 1982 and included 122 people. Thus far, the man has confessed to sexually abusing 114 mentally disabled individuals, while authorities are looking at the remaining 8 cases of attempted abuse. The age of the victims varied greatly, but authorities told the media that 42 were over 18 years of age. The youngest victim was reported at just one year old. The abuse reportedly took place at nine different nursing home facilities.

Reports detailed that the man chose his victims carefully, often finding the ones that could not speak. “In more than a dozen cases, police said, the self-described pedophile took pictures and recorded video during his assaults.” The case was broke open in March,” after two male residents of a care home informed their parents of sexual contact with the therapist. The man was subsequently arrested at his home in the Bernese Oberland, in central Switzerland.”

Due to the statue of limitations, not all the crimes can be prosecuted. Authorities detail that of the 122 victims; only 33 cases can be prosecuted.

Source; New York Daily News “Switzerland man confesses to abusing 114 mentally disabled men, women & children: Swiss police” 2/1/2011

Need a legal consultation from a Milwaukee personal injury attorney? Contact Domnitz & Domnitz, S.C. today.