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Wisconsin Lawyer
The Official Publication of the State Bar of Wisconsin
August
2004
Volume
77
Number
8
Features
Abuse and Neglect in Long-Term Care Facilities
When children are being abused or neglected in Wisconsin's licensed day care settings, most people know to contact the police or social services. When vulnerable, disabled, or elderly adults are being abused, neglected, or exploited in Wisconsin's residential settings, most people do not know where to turn or even whether to intervene. Wisconsin's vulnerable citizens deserve appropriate treatment and protection across their lifespan, regardless of the facility in which they reside.
By
Abuse and Neglect in Long-Term Care Facilities: Civil Justice System Response
As our population ages, the civil justice system will be called on more frequently to represent and protect our elderly citizens. Lawyers who serve as advisors, guardians ad litem, estate planners, and litigators, will be asked to protect the civil rights of victims of abuse and neglect. To better serve your elderly clients, read what state and federal laws regulate long-term care facilities, the warning signs of abuse and neglect, and the potential legal claims and remedies available to victims and the
By
Abuse and Neglect in Long-Term Care Facilities: The regulatory agency's responsibility
Wisconsin's Department of Health and Family Services has various tools to ensure that entities and individuals provide appropriate care to vulnerable individuals. Through its regulatory approval, inspection, and investigations, the department oversees the operation of health care entities and service providers, investigates allegations of individual caregiver misconduct, and provides technical support and coordinates its efforts with other county and local agencies that protect and advocate for the disa
By
Barriers to Effectively Prosecuting Crime in Long-term Care Facilities
Although Wisconsin law shows a robust legislative resolve to combat the abuse of elderly patients and residents in long-term care facilities, the reality is that there are many barriers to eliminating abuse and prosecuting the abusers. Police, prosecutors, and policy makers all need to understand the nature of elder abuse in order to protect a growing population of vulnerable individuals.
By
Important Documents: Initial Review of Nursing Home Case
The following documents relating to a resident's care and treatment should be gathered for use in determining the appropriate civil claims and remedies when abuse or neglect occurs.
By
Letters to the Editor
By
Legal News and Trends
By
Opinions, Voices & Ideas
Inside the Bar
In its five years, the State Bar Center has seen 1,400 State Bar-sponsored meetings and more than 800 member-reserved meetings ... and no parking tickets. This truly is a members' building.
President's Perspective
Issues that evoke visceral reactions and strong argument can set the stage for the perfect storm. To weather it and move forward with real and lasting results, we need candid, civil, and purposeful discussions.
Ethics
Filtering Spam Emails
With proper care to protect attorney-client privilege, attorneys can use a third-party service to filter spam emails. Here are some factors to consider.
Practice Tips
Job duties test
This chart outlines the job duties test for each category of white collar exemption under the new DOL FLSA regulations: ...
Practice Tips
Overtime Rules: Labor Department Issues Final Rules on Overtime Pay
With new federal overtime rules becoming effective Aug. 23, Wisconsin employers - including law firms - will need to determine if their employee classifications are accurate under the new rules and if the new federal or current state rules provide greater overtime protection and eligibility for their employees.
Definitions of Caregiver Misconduct - Abuse, Neglect, and Misappropriation
Wisconsin's Department of Health and Family Services has various tools to ensure that entities and individuals provide appropriate care to vulnerable individuals. Through its regulatory approval, inspection, and investigations, the department oversees the operation of health care entities and service providers, investigates allegations of individual caregiver misconduct, and provides technical support and coordinates its efforts with other county and local agencies that protect and advocate for the disa
Managing Risk
Taking Down the Shingle: Sole Practitioners Need Written Contingency Plan
Everyone is counting on you. What if something happens? Find out how sole practitioners can create a safety net for their practices. This column is the second in a series, "Taking Down the Shingle," that addresses liability issues related to interruptions in law practice.
Resources for Abuse and Neglect in Long-term Care Settings
This list of resources was compiled by Ellen Henningsen, director of the Guardianship Support Center of the Elder Law Center, Coalition of Wisconsin Aging Groups, Madison.
Also Inside
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