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From helping you after a dog attack or truck accident in Wisconsin to defending your rights as a rider, the personal injury trial attorneys at Hupy & Abraham will be fierce advocates in your time of need.

With offices across Wisconsin, Illinois, and Iowa, and representing clients hurt by slip and fall incidents, car accidents, wrongful deaths, drug and medical device injuries, dog bites, nursing home abuse and motorcycle crashes, we are available where you need us and when you need us.

Contact our professional team of Midwest injury attorneys by calling 800-800-5678 today for your free consultation.

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  • Are physical restraints ever okay in Wisconsin nursing homes?

    Restraints may be used in nursing homes only under very limited circumstances

    In very limited circumstances, physical restraints may be necessary to keep a nursing home resident safe. However, physical restraints are not permitted for the convenience of the nursing home staff, and if they are used incorrectly and a nursing home resident is injured, then that resident may have a successful claim for nursing home negligence.

    Physical Restraints Can Be Dangerous

    The Wisconsin Department of Health Services recognizes that physical restraints can be dangerous for nursing home residents. The agency has identified at least 15 different dangers associated with physical restraints which include falls, infections, and death.

    Thus, physical restraints may only be used in Wisconsin nursing homes if one of the following is true:

    • The restraint is necessary to treat the resident’s medical symptom or condition.
    • The restraint is necessary to help the resident achieve the highest level of functioning or wellbeing.

    Restraints are never permitted as discipline, punishment, or for the convenience of the staff. Additionally, in the absence of an emergency, a physical restraint should only be used after other, less restrictive interventions have been tried.

    An Assessment Should Be Completed Before a Resident Is Restrained

    The nursing home should complete an assessment before using physical restraints on your loved one. The assessment should include:

    • Gathering as much information as possible about the resident’s condition and the specific reason a restraint is being considered.
    • Identifying all methods other than restraints that could be used.
    • Evaluating what has been done in the past and the pros and cons of each option.
    • Choosing the method of restraint that best meets the resident’s needs.

    If a restraint is considered necessary, then the nursing home should use the least restrictive restraint and it should be used for as short a time as possible.

    You may have questions about the specific restraints that are being used, or considered, for your loved one. Do not hesitate to ask questions and demand answers about the use of physical restraints.

    And if your loved one has been hurt by an unreasonable restraint, then it is important to hold the nursing home accountable for this type of nursing home abuse. Contact an experienced nursing home abuse lawyer today at 1-800-800-5678 today to get your questions answered and to learn more about your loved one’s rights.

  • Why should my loved one pursue a civil case for nursing home negligence if she’s been hurt?

    When a resident is assaulted and injured, the nursing home may be liable for any losses

    If a nursing home worker acts with intent and uses force against a nursing home resident in a way that results in a physical injury, then the state may bring a criminal action against that worker. More specifically, the state may charge the worker with battery if all of the following are true:

    • The worker intentionally touched the resident.
    • The touching was harmful or offensive.
    • The touching occurred without the prior informed consent of the resident.

    Criminal cases may result in bad press for the nursing home and in jail time or a fine for the worker. A criminal case may also be satisfying for the nursing home resident who was hurt and for her family who may see justice done.

    However, a criminal case will not result in a financial recovery for the victim or her estate. That is beyond the scope of the criminal law system, but nursing home abuse victims still have a way to recover damages.

    Victims Have the Right to Pursue Civil Cases

    A civil personal injury case is different from a criminal case. In a civil personal injury case, the victim rather than the state is bringing an action for damages against the person who hurt her. Those damages could include compensation for past, current, and future:

    • Medical expenses.
    • Out-of-pocket costs (including funeral costs if the resident died as a result of the abuse).
    • Pain and suffering.

    These are significant damages that can’t undo the harm that has been done to your loved one, but that can compensate her to the extent the law allows.

    Your loved one has a limited time to bring a civil personal injury case. Such a case must be filed in state court before the applicable statute of limitation expires. Accordingly, we encourage you to help your loved one by finding out more about her rights today. Simply start a live chat with us now or call us any time at 1-800-800-5678 to set up a free, confidential, no obligation consultation and to learn more about recovering from this kind of nursing home abuse.

  • Are nursing homes required to have a minimum level of staffing?

    When nursing homes economize by hiring too few staff, residents are at risk for neglect or abuse

    Yes, federal and state regulations require nursing homes to have at least a minimum number of staff members, and the nursing homes’ job of providing reasonable care for all residents requires them to have appropriate staff on duty at all times.

    Specific Regulations

    Federal regulations require most nursing homes to designate one registered nurse (RN) as a Director of Nursing. Additionally, nursing homes must have an RN working eight consecutive hours seven days a week and an RN or a licensed vocational nurse on duty for the other 16 hours a day. Of course, these individuals can’t do it alone, and other staff members are required to meet the needs of nursing home residents.

    • In Wisconsin, state regulations require nursing homes to have staff sufficient “to meet the specific needs of each resident.” This includes specific requirements for licensed nursing staff and direct care staff.
    • In Illinois, state regulations also require nursing homes to have staff “to meet the needs of the residents.” As in Wisconsin, this includes specific requirements for licensed nursing staff and direct care staff including nurses, nursing assistants, rehabilitation aides, psychology coordinators and aides, and others.
    • In Iowa, the requirements are similar. State regulations require nursing homes to have staff “to meet the needs of individual residents.” As in other states, this includes licensed nursing staff and direct care staff.

    Cost Is No Excuse for Nursing Home Abuse or Neglect Due to Understaffing

    Some nursing homes may try and hire fewer staff members in an effort to cut costs. However, the cost savings of hiring fewer staff members may be shortsighted. In the long run it may cost less to hire an adequate number of staff members then it would cost to:

    • Pay damages in a nursing home abuse or neglect case. Staff members who have a lot of residents to care for may become frustrated or may fail to provide reasonable care.
    • Continuously train new staff due to a high staff turnover rate. Staff members who are overworked may look for work in a different facility.

    Nursing homes and long-term care facilities must be held accountable for patients that have suffered wrongful death or serious injury as a result of nursing home understaffing. This cause of nursing home abuse is never acceptable. If your loved one has been hurt, please contact us today via this website or by phone at 1-800-800-5678 to learn more.

  • What should I do if I have lost a loved one due to a wrongful death caused by nursing home abuse or negligence?

    Nursing home neglect or abuse can be fatal to your family member

    Losing a loved one at any age is extremely difficult. It causes a lot of grief and sorrow as you try to come to terms with the loss. When the loss is caused by neglect or abuse of a nursing home, many other feelings may come into the picture. You may experience guilt, anger, or depression.

    A Nursing Home’s Failure to Care for Your Loved One Can Be a Wrongful Death

    Nursing homes have a duty to provide reasonable care for residents. If members of the staff have been neglectful or abusive, then they have violated that duty, and their actions or inactions could result in a resident’s wrongful death.

    If you have lost a loved one due to a wrongful death caused by a nursing home, then you should:

    • Grieve. Your most important first step is take care of yourself and your surviving loved ones. It can be difficult to deal with an unexpected loss. Take the time to do what is necessary to properly grieve your loss.
    • Contact an attorney. If your loved one died because of the abuse or negligence of nursing home staff, then your loved one may have suffered a wrongful death. Your loved one’s estate may be able to file a wrongful death claim, and it is important that you hold the nursing home accountable for what happened. Your attorney will help you gather the important information it takes to successfully pursue a claim.
    • File a claim. With assistance from your wrongful death attorney, you will begin the claims process. Through the claims process you will be able to receive compensation for the losses the death caused you and you may be able to convince the nursing home to change its policies and procedures so that other families do not have to endure similar losses.

    Death is the most serious injury that could result from nursing home negligence. To discuss the legal process after a deadly nursing home incident, contact a wrongful death attorney at Hupy and Abraham. Call 800-800-5678 today for a FREE legal consultation with one of our compassionate trial attorneys.

  • How long do I have to file a nursing home abuse or negligence case in Wisconsin?

    Wisconsin’s statute of limitations determines how long you have to file a nursing home injury claim

    You ask an important question, because Wisconsin—like other states—limits the amount of time that you have to file a nursing home abuse or negligence case. If you file a complaint in court before the statute of limitation expires, then you may protect your right to recover damages. However, if you fail to take action before the statute of limitation expires, then the defendant will raise that issue before the court and your case will be dismissed without your recovery of damages.


    Statutes of limitations exist for a few reasons. A statute of limitations provides certainty to potential defendants in a civil action. It does not leave the threat of litigation hanging over them indefinitely. Statutes of limitations also benefit potential plaintiffs in a civil action. It requires that plaintiffs take action while evidence is still likely to exist and potential witnesses may be available to testify.

    So How Long Do I Have?

    In Wisconsin, you generally have three years to file a nursing home abuse or negligence lawsuit. The three years begins on the date when the injury was discovered or reasonably should have been discovered. The same time restrictions apply to wrongful death cases if your loved one died from nursing home abuse or negligence.

    In some limited circumstances the statute of limitations may be extended or shortened. Thus, it is important to speak to a nursing home abuse lawyer as soon as possible after you or your loved one has been hurt to make sure that all applicable deadlines are met, that evidence is secured, and that a fair recovery can be made as soon as possible.

    What Should I Do First?

    Your first step should be to schedule a free consultation with an experienced nursing home abuse attorney who can make sure that you do not miss the statute of limitations or any applicable arbitration deadlines. For more information about how a nursing home abuse case works in Wisconsin or to schedule your free consultation, please start a live chat with us now, or call us directly at 1-800-800-5678.

  • Who can sue if abuse or negligence occurs in a Wisconsin nursing home?

    Only some people have standing to take a nursing home injury claim to court

    For purposes of this question, we will assume that there is not a nursing home arbitration agreement in place that limits a lawsuit against the nursing home if abuse or negligence results in injury. If there is an arbitration agreement in place. then it is important to look to the specific terms of that agreement to determine who can pursue arbitration.

    Filing a Lawsuit in Court

    Without an arbitration agreement, a nursing home abuse or negligence case may be filed in a Wisconsin state court if a nursing home resident was injured as a result of the abuse or negligence. However, in order for the case to be heard it is important that it is filed by a person who has legal standing to file such a claim. That could include:

    • The resident who was hurt.
    • The legal guardian of the resident who was hurt.
    • The personal representative of the resident’s estate.

    In most cases, a person must have been hurt, or be the legal representative of someone who has been hurt, in order to bring a case.

    Suing Is Different From Reporting

    Whether or not you have standing to sue, you may have the right to report the alleged nursing home abuse or negligence to the state of Wisconsin. Any person who has reasonably believes that abuse or negligence has occurred has the right to report the alleged acts of abuse or negligence to the government.

    Find Out More Before Taking Action

    Before you take any kind of legal action, it is important for you to know more about your rights, about the potential benefits of bringing a case, and about how a nursing home abuse case works in the state of Wisconsin.

    Our experienced attorneys would be pleased to provide you with a free consultation. We will advise you about your legal right to bring a case, and if you do have such a right then we will fight hard to get you, your loved one, or her estate a fair and just recovery. Please contact us at any time via this website or by phone at 1-800-800-5678.

  • What kind of expert witnesses are important in a nursing home abuse? Where can I find them?

    A variety of expert witnesses may be able to help with a nursing home abuse or neglect case

    Expert witnesses may not be needed in every nursing home abuse case. For example, if a nursing home staff member hit your loved one and the incident was caught on tape, then proving that nursing home abuse occurred may be straightforward. You may already have all of the evidence that you need.

    However, other cases of nursing home negligence are more complicated. In order to recover damages in a nursing home abuse case, you must prove that:

    • The nursing home owed your loved one a duty of care.
    • The nursing home breached that duty of care by failing to provide you loved one with reasonable care.
    • The breach of the duty of care caused your loved one’s injury.
    • You loved one was hurt and has the legal right to pursue damages.

    Nursing homes owe their residents a duty of care and that element of negligence may be easily established. The other components of a legal claim can be trickier…

    Expert Witnesses Can Help You Prove Negligence

    Expert witnesses can help you prove whether a nursing home acted with reasonable care, whether its actions or inactions caused an injury, and how badly those injuries impacted your loved one. Some of the experts who can help with this include:

    • Doctors.
    • Nurses.
    • Directors (or previous directors) of nursing home facilities.
    • Geriatrics or long-term–care experts.
    • Respiratory therapists or rehabilitation therapists.
    • Pharmacists or pharmacology experts.
    • Psychiatry or psychology experts.

    The specific experts that you need depend on exactly what happened and the unique injuries that you suffered.

    How to Find the Right Expert Witnesses for a Nursing Home Abuse Case

    It can be difficult to find your own expert witnesses. It is not enough that someone is qualified—because of his education or experience—to be an expert witness. That person must also understand the role of being an expert witness and be persuasive on the witness stand.

    An experienced nursing home abuse attorney knows how to find the right experts for each individual case, and a lawyer knows when to use an expert witness in a particular case. You do not have to make this decision alone. Instead, we encourage you to contact us directly via this website or at 1-800-800-5678 and the schedule a free consultation with us today to discuss all aspects of your nursing home abuse case.

  • Does my loved one need an attorney if she’s been abused or neglected in a nursing home?

    Your attorney will robustly pursue your interests over those of the nursing home

    Yes, if your loved one was hurt by the abuse or negligence of nursing home staff, then she could benefit from working with an experienced nursing home abuse attorney.


    You understandably want to know how a nursing home abuse lawyer can help before you encourage your loved one to work with an attorney. We suggest that you work with an experienced lawyer because:

    • You can’t trust the nursing home to do the right thing. The nursing home, its parent company, and its insurer want to pay as little as possible in damages and they do not want to admit fault. Accordingly, they may not treat you fairly. They may not provide requested evidence and they may not pay fair damages unless they are persuaded to do so by an attorney or required to do so by an arbitrator or judge.
    • You need to concentrate on your recovery, or your loved one’s recovery. Nursing home cases take time and energy. Your time and energy may be better spent working on your loved one’s physical recovery.
    • An attorney can help make sure that systemic changes are made that better protect residents from nursing home abuse and negligence in the future. For example, an attorney can persuade the nursing home to make policy changes that prevent the type of abuse or negligence that hurt your loved one from happening in the future.

    Additionally, you should know that:

    • The first meeting with a lawyer should be free. Most nursing home abuse lawyers provide free consultations.
    • You should still contact an attorney even if your loved one has passed away. Your loved one’s estate may have the right to pursue a nursing home abuse case.
    • You can contact an experienced lawyer any time—24/7/365—via this website or by calling 1-800-800-5678. We welcome your call at any time.

    Your loved one’s time to file a lawsuit or to pursue a financial recovery is limited. Accordingly, we encourage your loved one or her estate to take action immediately by scheduling a free, no-obligation consultation with us today to learn more about how a nursing home case works and about how we can help you.

  • Who will pay for the medical bills that my loved one had as a result of nursing home abuse or neglect?

    Get a fair and full recovery of medical expenses after a nursing home abuse or negligence incident

    Many nursing home residents have medical needs when they enter the nursing home, and they receive medical care as necessary for their conditions. These costs are to be expected and they are the responsibility for the nursing home resident, her family, or the government, as applicable.

    However, the financial responsibility of the resident does not include medical expenses that were created by the abusive or negligent actions of the nursing home staff.

    These Medical Expenses Should Be Paid by the Nursing Home

    Any medical cost that is directly related to the abuse or negligence that your loved one suffered in her nursing home should be part of her nursing home recovery at arbitration or in court. While every award of damages is unique and based on the specific injuries suffered by the nursing home resident, medical damages could include compensation for past, current, and future:

    • Ambulance rides.
    • Hospitalizations.
    • Surgeries.
    • Medications.
    • Doctors’ office visits.
    • Rehabilitation therapies, such as physical therapy.
    • Assistive devices, such as wheelchairs.

    Of course, you loved one and her attorney will need to prove that these costs were because of medical conditions that resulted from the abuse or negligence, and not because of other reasons.

    How to Help Your Loved One Make a Fair Recovery

    You may know which medical expenses were caused by the nursing home’s abusive or negligent actions, but in order for your loved one or her estate to recover for medical costs, you are going to have to prove what happened and convince the arbitrator or the court of the value of these damages. Useful evidence could include medical records and expert testimony from your loved one’s physicians.

    For more information about how to gather the evidence that you need and to make the strong arguments necessary to convince the arbitrator or court of the value of these damages, we encourage you to call us any time at 1-800-800-5678.

  • My family has incurred out-of-pocket expenses due to nursing home neglect. Who pays?

    Those responsible for nursing home abuse or neglect should pay your out-of-pocket expenses needed to make things right

    The nursing home staff that was supposed to keep your loved one safe has done just the opposite. Instead of caring for her, providing her necessary services, and respecting her as an individual, one or more staff members have hurt her. They have caused her physical pain and emotional suffering because of their abusive or neglectful acts.

    You can’t go back and prevent this abuse from occurring, but you can protect your loved one now by fighting for a full and fair recovery of damages.

    This Includes Out-of-Pocket Costs

    Out-of-pocket expenses include anything that your loved one lost or had to pay for out-of-pocket as a result of the nursing home abuse or neglect. Thus, out-of-pocket damages are as unique as the victims who suffer from this type of abuse.

    If your loved one was hurt, then you might consider the following types of losses:

    • Property damage. If any personal property was stolen, damaged, or otherwise lost as a result of the nursing home abuse or neglect, then your loved one should be compensated.
    • Any costs that were incurred as a direct result of the abuse or neglect. This could include, for example, any costs associated with moving your loved one to another nursing home facility.
    • Funeral costs. If your loved one died from the nursing home abuse or neglect that she suffered then her estate may be able to recover these costs.

    Of course, if you believe that your loved one suffered any other expenses or out-of-pocket costs then you should tell your loved one’s nursing home abuse attorney so that the attorney can demand fair damages from the arbitrator or the court.

    To learn more about your loved one’s recovery of damages after nursing home abuse or neglect leaves her injured, please contact us anytime—24/7/365—to discuss your rights. We are available via this website or by phone at 1-800-800-5678 and we would be pleased to provide you with a free consultation.