Nursing Home Neglect

Nursing Home Neglect

Nursing homes have a legal and ethical obligation to provide each resident with the care necessary for the resident to attain and maintain his or her highest level of physical, mental and psychosocial well being, that is the highest level of function. This includes preventing injuries and accidents. We encourage you to visit our Nurisng Home Abuse & Neglect website to learn how to select a nursing home by clicking here .

Unfortunately, each year approximately 35,000 nursing home residents suffer unnecessary and avoidable pain, injury, or death due to negligence, improper care, and careless disregard. In Wisconsin alone, almost 30% of the nursing homes inspected over a two-year period were cited with incidents of possible neglect and abuse.

Nursing home neglect & abuse refers to the mistreatment, exploitation, neglect, or harm of a resident that typically results in injury, pain, suffering, or death. If you or your loved one has been neglected, abused, or mistreated in a nursing home, an experienced Wisconsin personal injury attorney can help you hold the nursing home accountable and obtain financial compensation for the pain, suffering, financial loss, and medical expenses. At Pitman, Kyle & Sicula, we have successfully represented clients who have suffered from the following acts of nursing home abuse and/or negligence:

  • Physical abuse
  • Verbal assault
  • Psychological/mental abuse
  • Assault or battery
  • Sexual abuse
  • Pressure sores
  • Falls involving fractures, especially hip fractures
  • Failure to properly clean the patient’s dressing or bed clothes
  • Dehydration
  • Malnutrition
  • Understaffing
  • Failure to provide patient with proper diet and nutrition
  • Failure to follow doctor's orders
  • Medication errors
  • Improper use of medication
  • Unnecessary physical restraint
  • Treat resident in a way that lowers his/her self esteem, self worth, or dignity
  • Failure to develop and maintain and comprehensive care plan for the resident
  • Failure to provide adequate supervision or assistance to the resident
  • Financial exploitation and/or abuse
  • Unqualified, incompetent, or poorly trained staff
  • Failure to notify physician and family of significant changes in condition

Unfortunately, many resident's and/or families do not report instances of abuse/neglect out of fear their situation will get worse, or because they do not want to burden their family. Furthermore, not all victims are able to communicate that abuse/neglect has been occurring. In fact, an estimated 84% of nursing home abuse cases go unreported or unrecognized. Visit our Wisconsin Nursing Home Abuse site to learn how to file a complaint.

If you suspect your loved one is being abused or neglected, there are common signs you can look for that typically indicate unlawful treatment is occurring, such as:

  • Signs of malnutrition or dehydration
  • The staff denies or delays family members and friends from visiting the resident
  • The staff denies visitors “alone time” with the resident
  • Unexplained bruises, cuts, bumps, fractures, sprains, burns, broken bones, etc.
  • Unexplained accidents, injuries, falls
  • Pressure sores
  • Infections
  • Soiled clothing or bedding
  • The resident is over medicated
  • The resident suddenly has a change in behavior
  • The resident suddenly changes his/her will, trust, life insurance policy, or other financial documents
  • Unexplained change in banking habits
  • Unexplained money withdrawals or transfers from bank accounts
  • Loss of the resident’s possessions

At Pitman, Kyle & Sicula, we understand that dealing with nursing home neglect & abuse can seem overwhelming. However, if you or someone you love has been abused or neglected in a nursing home, there are several steps you can take to improve the situation. Most importantly, all nursing home residents have legal rights under both federal and state law. These rights include:

  • The right to a care plan that meets all of the resident’s needs
  • Nursing homes cannot discriminate against a resident for any reason, such as race, religion, age, sex, national origin, disability, etc.
  • The right to be treated with dignity and respect. Depending on the resident’s care plan, he/she has the right to make their own decision regarding meals, bedtime, activities, etc. The resident also has the right to be in an environment that enhances his/her quality of life.
  • The right to be free of verbal, sexual, physical, and mental abuse and involuntary seclusion.
  • The right to be free from physical restraints of any kind, such as a mechanical device, materials, or equipment that attaches to the body in order to prevent the resident from moving. The use of a chemical to restrain a resident is also against the law.
  • Couples have to right to live together
  • The right to be informed of all fees and services.
  • The right to manage money, and access any accounts, cash, or other financial documents. The residents also have the right to choose someone to manage their finances if they wish.
  • The right to privacy, property, and living arrangements
  • The right to competent medical care, and the right to make decisions regarding medical care.
  • The right to see and spend time with visitors at any reasonable time.
  • The right to social services
  • The right to leave the nursing home, as long as it is acceptable under the health insurance plan
  • The right to make complaints against the staff, facilities, other residents, etc. without fear of repercussion.
  • Protection against unreasonable or unfair transfer or discharge from the nursing home

Contact our Wisconsin Nursing Home Neglect & Abuse Lawyers


If you or your loved one is the victim of any type of nursing home abuse or neglect, you must contact an experienced Wisconsin personal injury attorney to protect your rights, and make sure you receive compensation for harm suffered at the nursing home. Taking legal action against an abusive or negligent nursing home is one of the best ways to raise awareness, improve quality of care and effectively improve the life of your loved one and other victims of nursing home abuse/negligence.

At Pitman, Kyle & Sicula, we are dedicated to preventing negligence and abuse from occurring in nursing homes. Our Wisconsin nursing home negligence attorneys are experts in this complicated area of the law, and work relentlessly to hold nursing home's accountable. We work with a team of medical experts, investigators, and other attorneys to help our clients and their families obtain financial restitution for their pain, suffering, financial loss, and medical expenses. We provide each client with extensive resources, aggressive representation, personalized attention and compassionate legal care. For more information, please go to our Wisconsin Nursing Home Abuse website .

If you are in need of a Wisconsin nursing home negligence attorney, contact our office today for your free consultation at (800) 950-9882.

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