What is Nursing Home Abuse & Neglect?

One of the most difficult decisions a person may have to make is whether to put a loved one into the care of a nursing home. In an ideal world, that decision, made after careful thought and research, results in a safe and caring environment for the loved one. Unfortunately, we have seen that this is not always the case. Furthermore, people are often confused about what constitutes abuse or neglect in the context of nursing home care.

Wisconsin law has specific laws addressing the abuse or neglect of elder adults at risk, including those in a nursing home or care facility. Understanding abuse and neglect begins with an understanding of how terms are defined.

Who is an elder adult at risk?
An elder adult at risk is any person 60 years old or older who is at risk of experiencing abuse, self-neglect, or financial exploitation.


What is abuse?
Abuse of elder adults is defined under Wisconsin law as physical abuse; emotional abuse; sexual abuse; treatment without consent; unreasonable confinement or restraint; or deprivation of a basic need for food, shelter, clothing, or personal or health care.

What is neglect?
Neglect of elder adults is defined under Wisconsin law as the failure of a caregiver to “endeavor to secure or maintain adequate care, services, or supervision for an individual.” This includes food, shelter, and health care (both physical and mental).

Abuse and neglect can come in many forms. Some are more obvious than others. For example, broken bones, bruising, and other readily identifiable injuries are red flags that a resident may be the victim of either direct physical abuse, or severe neglect that permitted such injuries. It is important for families to know that these types of injuries are not an inevitable result of age. While it is true that elderly people are more at risk for broken bones than younger people, that does not mean that such injuries should be accepted as routine. A facility should be able to explain the complete circumstances surrounding the injury, should have all of those circumstances documented, and should not hesitate to answer your questions about how it occurred, including all steps the facility took to prevent this type of injury.

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Other forms of abuse and neglect are less obvious. For example, dehydration and malnutrition resulting from improper nutritional care may manifest as fatigue or lack of energy that families may mistake for a natural result of the aging process. Similarly, malnutrition may contribute to the development of pressure ulcers, another common injury resulting from inadequate care. Pressure ulcers that arise after a person enters a nursing home are an indication of neglect under most circumstances. The range of what constitutes abuse and neglect is very broad. The family should keep an eye out for anything that simply doesn’t seem right, and follow up with the facility staff. For more information on this and related issues, please request a free copy of Jason’s book , How to Keep Your Loved One Safe in a Wisconsin Nursing Home.

Do you have additional questions?
Jason Studinski is an experienced nursing home attorney.  He can tell you everything you need to know to keep your loved one safe, now and well into the future. And, as always, please feel free to contact us (715) 343-2850 or by filling out the simple form below. We are here to help.