The Unthinkable Happens More Often Than You Think

No one expects to find that their parent, grandparent, or spouse has been physically or sexually abused by those entrusted with their care. But in nursing homes across Wisconsin and the nation, these appalling acts occur more frequently than most realize.

At Trial Lawyers of Wisconsin, we have seen the heartbreaking consequences of such abuse and stand ready to fight for victims and their families.

Abuse in nursing homes is not just a personal tragedy—it’s a violation of human dignity, trust, and law. Our mission is to expose these crimes, demand accountability, and help survivors find justice and healing.

What Constitutes Physical and Sexual Abuse in Nursing Homes?

Physical and sexual abuse can take many forms, each causing profound harm. Some of the most common include:

Physical Abuse:

• Hitting, slapping, pushing, or kicking
• Use of physical restraints without medical justification
• Force-feeding or inappropriate use of medications (“chemical restraints”)
• Rough handling during transfers, bathing, or dressing
• Intentionally causing pain or injury

Sexual Abuse:

• Unwanted touching or fondling
• Rape or attempted rape
• Forcing a resident to undress unnecessarily
• Coerced participation in sexual acts
• Exploitation by staff, other residents, or even visitors

These acts are crimes—often perpetrated against vulnerable residents who are unable to defend themselves or report the abuse.

Who Commits Abuse in Nursing Homes?

While most caregivers are compassionate professionals, abuse can be perpetrated by:

• Overworked or inadequately screened staff
• Other residents, especially those with cognitive impairments or histories of violence
• Outsiders who gain access through lax security

Facilities may be held legally liable not only for direct abuse by employees but also for failing to prevent abuse by others through poor supervision or negligent hiring.

Why Are Nursing Home Residents So Vulnerable?

Elderly residents—particularly those with cognitive impairments like Alzheimer’s or dementia—are easy targets for abusers because:

• They may struggle to remember or recount what happened
• They may fear retaliation or not be believed
• Physical frailty makes them less able to defend themselves
• Isolation and understaffing can mean no one notices injuries or behavioral changes

This vulnerability makes vigilance from family members and strong legal advocacy all the more critical.

Warning Signs: How to Detect Physical or Sexual Abuse

Families often suspect something is wrong before they have evidence. Trust your instincts and look for these common signs:

Physical Signs:

• Unexplained bruises, welts, or burns
• Broken bones or fractures without clear cause
• Rope marks or bruising on wrists/ankles
• Frequent ER visits for injuries
• Sudden changes in mobility or increased fear of touch

Behavioral Signs:

• Withdrawal from social interaction
• Depression or anxiety
• Sudden changes in sleeping or eating patterns
• Fearfulness around certain staff or residents
• Reluctance to be alone with caregivers

Sexual Abuse Indicators:

• Torn or bloody undergarments
• Unexplained sexually transmitted infections (STIs)
• Genital bruising or bleeding
• Panic attacks or heightened agitation during bathing or dressing
• Expressed fear of specific staff members or visitors

If you notice any combination of these signs, act immediately.

What To Do If You Suspect Abuse

1. Ensure immediate safety: Remove the resident from harm’s way if possible.
2. Document everything: Take photos, keep medical records, and note any statements made by your loved one.
3. Report to authorities: Contact Adult Protective Services (APS) in Wisconsin, the Department of Health Services, or local law enforcement.
4. Contact legal counsel: An experienced nursing home abuse attorney can help preserve evidence, protect your loved one’s rights, and initiate legal proceedings.

At Trial Lawyers of Wisconsin, we guide families through each step, ensuring compassionate care while aggressively pursuing justice.

The Legal Responsibility of Nursing Homes

Under state and federal law, nursing homes must:

• Provide a safe environment free from abuse
• Properly screen and train all employees
• Supervise residents to prevent peer-to-peer abuse
• Respond immediately to allegations of abuse
• Report confirmed cases to regulatory authorities

Failure to meet these obligations makes a facility civilly liable for damages and sometimes criminally culpable.

Building a Strong Legal Case

Proving nursing home abuse requires meticulous investigation. Our legal team works to:

• Obtain facility incident reports and staff disciplinary records
• Review surveillance footage when available
• Subpoena personnel files for improper hiring or supervision
• Gather medical records showing patterns of injury
• Work with forensic experts to interpret evidence
• Interview witnesses, staff, and other residents

These steps are critical to building a case that not only compensates the victim but also prevents future abuse.

Compensation for Nursing Home Abuse Cases

Victims of nursing home abuse and their families may be entitled to significant compensation, including:

• Medical expenses related to injuries
• Therapy and counseling costs
• Pain, suffering, and emotional distress
• Relocation expenses to a safer facility
• In cases of extreme negligence or cover-up, punitive damages

Our firm seeks full and fair compensation while holding negligent facilities publicly accountable.

The Importance of Legal Action

Some families hesitate to pursue legal action, fearing it may worsen the situation or cause further trauma. But legal accountability:

• Stops ongoing abuse
• Protects other residents from the same fate
• Forces facilities to improve hiring, supervision, and security practices
• Provides justice for your loved one

At Trial Lawyers of Wisconsin, we approach these cases with sensitivity to the family’s needs while applying the full force of the law against abusers and negligent institutions.

You Are Not Alone – We Are Here to Help

Learning that your loved one may be a victim of physical or sexual abuse in a nursing home is devastating. But you don’t have to face this situation alone.

The attorneys at Trial Lawyers of Wisconsin are committed to:

• Listening to your concerns
• Investigating potential abuse with discretion and urgency
• Advocating for your family in court and with regulatory agencies
• Ensuring your loved one receives the care and protection they deserve

Every elderly person has the right to live free from fear, violence, and neglect.

If you suspect abuse, contact us immediately. Justice begins with action.