Wisconsin

• 3 years with Discovery Rule. (Wis. Stat. Ann §893.54)
• Medical malpractice – 3 years from date of injury or 1 year from date of discovery, whichever is later, but no more than 5 years from the date of the act or omission. Foreign object cases must be brought within 1 year from date of discovery or reasonable discovery or 3 years from date of incident.  Minors must bring suits against health care providers within 3 years of date of injury/1 year from date of discovery or by age ten. (Wis. Stat. Ann §893.55; Wis. Stat. Ann §893.56)

• Noneconomic damages are limited to $750,000. (Wisc. Stat. Ann. §893.55)

• 3 years with Discovery Rule. (Wis. Stat. Ann §893.54)

• Judgment for damages for pecuniary injury from wrongful death may be awarded to any person entitled to bring a wrongful death action.  Additional damages not to exceed $500,000 for death of a minor and $350,000 for death of an adult. (Wis. Stat. Ann. §895.04(4))

• Wisconsin Department of Health Services
• Services for the Elderly
• Nursing Home Information
• Adult Protective Services
• Board on Aging and Long Term Care
• Long Term Care Ombudsman

• Abuse of Individuals at Risk – (Wis. Stat. Ann. §§940.285)
• Elder Abuse Reporting System – (Wis. Stat. Ann. §§46.90)

• Nursing Home Study Reveals: Inadequate Training Of Staff, High Rates Of Employee Turnover & Corporate Ownership Have Substantial Impact On Quality Of Patient Care

 The Milwaukee Journal Sentinel, is running a series of articles documenting some of the problems with nursing homes and other long-term care facilities in Wisconsin.  After reading the articles, it is apparent that the quality of care nursing home residents receive is deteriorating.  The need for additional regulation of the nursing home industry is apparent.  The 20 year old laws (1987 OBRA) regulating the industry are not producing the results for which they were intended.

Some of the more striking statistics identified in the articles, include:

• Assisted Living Facility Lets Resident Walk Out The Door & Into Semi Truck

An 81-year-old assisted living resident walked out the front door of the Bluffview Meadows facility in Wisconsin an into the lanes of a nearby highway where she was struck and killed by a semi-truck.  What makes this story particularly tragic is that this is the second incident involving resident elopementwith two weeks.  Nursing homes and assisted living facilities must monitor the whereabouts of their residents.  Further, facilities must have adequate safeguards in place such as door alarms, locks and adequate staffing to prevent resident elopement.

• New Pay-For-Performance Program Initiated To Help Improve Nursing Home Care

Nursing homes will now have one more reason to improve patient care--they will be paid for doing so. The Centers for Medicare & Medicaid Services (CMS) will initiate a new pay-for-performance program to inspire nursing to provide improved care to residents.

The plan formally known as,  Nursing Home Value-Based Purchasing Demonstration Project, will begin in July and run for three years.  All Medicare-certified nursing homes in Arizona, Mississippi, New York and Wisconsin are eligible to participate.  CMS anticipates at least 100 nursing homes in each state will participate in the program.

• Failure To Properly Treat Surgical Wounds Results In Settlement Of Wrongful Death Case With Nursing Home

The Chicago Tribune reported on a story involving the $2 million settlement of a wrongful death lawsuitinvolving a patient at a Wisconsin nursing home who suffered complications from improperly cared for surgical wounds.  The patient identified as Cynthia Wilms, was admitted to Willows Nursing and Rehabilitation in 2007 following a hip replacement surgery.  According to the families attorney, the facilities failure to treat the wounds resulted in herdeath.

Willows Nursing and Rehabilitation is owed by mega-operator Extendicare.

• Watchdog Report Documents Serious Problems With Nursing Homes

The Milwaukee Journal Sentinel, is running a series of articles documenting some of the problems with nursing homes and other long-term care facilities in Wisconsin.  After reading the articles, it is apparent that the quality of care nursing home residents receive is deteriorating.  The need for additional regulation of the nursing home industry is apparent.  The 20 year old laws (1987 OBRA) regulating the industry are not producing the results for which they were intended.

Some of the more striking statistics identified in the articles, include: