Criminal Law on Nursing Home Abuse in Wisconsin

Elder abuse is a crime in most jurisdictions, although the classification, parameters and penalties will vary from state to state. In Texas, elder abuse is a felony, with the most serious transgressions leading to serious physical injury or death a first degree felony. This includes deliberate or intentional abuse that occurs while the elderly person is a resident in a nursing home that is funded at least in part through Medicaid or Medicare. Neglect and dereliction of duty in a nursing home leading to serious harm to a resident is a second degree felony. This may include inadequate care leading to malnutrition, poor hygiene, under- or over-medication, and abuse perpetrated by another resident.

This is encoded in the Wisconsin Penal Code under Section 46. The statute refers to injury to children, the elderly, and persons with disabilities caused by a person or institution from intentional or reckless acts of commission or omission. Despite criminalizing elder abuse, however, tens of thousands of reports of nursing home abuse comes in annually to be investigated, and that is only a fraction of the number of actual cases of abuse.

In Wiscon, there are between 15% and 30% of the population is elderly. This often falls on the shoulders of family and friends, who then report their suspicions to the proper authorities. Complaints of elder abuse against a long-term healthcare facility or nursing home in Wisconsin should be lodged at the Department of Health Services or DHS.

Reporting the crime to the authorities does not preclude civil litigation, however. You can file a concurrent case in civil court against both the abuser and the nursing home for personal injury to the elderly relative with the help of a good lawyer. Select from the most experienced of Wisconsin nursing home abuse lawyers in the area for the best results.

One Response to “Criminal Law on Nursing Home Abuse in Wisconsin”

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