What is the statute of limitations on hospice care negligence, if I want to sue them for the neglect of my dying mother?

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When my mom was in hospice care 6 years ago, there were two negligent nurses on duty, one an LPN, the other, an RN. One was on the phone constantly; she was the head nurse. The LPN left my mother crying out in pain when she need her morphine, and kept stalling, telling me she would get to it later. I was in a quandary because I didn't want to show anger and get the nurse defensive and/or retaliatory - for one reason, my mom could have suffered more for that. I documented all details, reported the nurses to their supv, but got nowhere, and worst, I couldn't find a lawyer to take the case. Is this because my mom was already dying anyway, or because I had no witnesses to corroborate my story? The head nurse since, was fired and they no longer allow LPNs to do hospice care. Just my luck.

Attorney Answers

5
Sean Dormer ·
If you were in Colorado, you'd probably be past the statute of limitations (two years here). But these things are specific to state law, so I would suggest that you call a nursing home neglect lawyer in Wisconsin to ask. The consultation should be free.
0 upvotes
Peter Carman ·
It is hard to say without more facts why an attorney would elect not to take this case. However, the statute of limitations (SOL) on this type of case is likely 3 years from the exact date the negligent conduct either occurred or the ramifications of it should have been discovered. However, I defer to any of my colleagues that practice in hospice/nursing home negligence cases to give a more definitive answer on what the SOL is. Good luck!
0 upvotes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
Not sure why you waited so long, but a local nursing home abuse lawyer can certainly see if any exception to the statute applies. has the BEST lawyer finder tool locate an attorney close to you. Good luck.
0 upvotes
Jeffrey Pitman ·
The statute of limitations is 3 years from the date of injury. Based on the facts you provided, it would appear the 3 years has passed.
0 upvotes
Jacqueline Nuckels ·
I am sorry to hear of this situation. Unfortunately, as the other attorneys have indicated, the statute of limitations in Wisconsin would be three years from the date of negligent act that caused your mom injury. It sounds like the statute has passed in this situation.
0 upvotes

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