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

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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.

Jason F. Abraham
Managing Partner, Hupy and Abraham