APPLETON: The outcome of a lawsuit alleging negligence in the death of Delores Wiersum, who froze to death while locked outside of her Appleton assisted living home, could have a widespread impact on the senior care industry.
“The impact of this kind of lawsuit actually reverberates through the industry,” said elder law expert Alison Barnes, a professor at Marquette University Law School.
The case raises questions about the standard of care required of assisted living homes. State laws demand facilities provide a safe environment but aren’t clear on how far they need to go to protect residents.
A ruling favoring Wiersum could help define facilities’ responsibility to residents while a ruling that favors the assisted living home could set a precedent for more relaxed standards.
In its court filings, the company ThedaCare has denied any wrongdoing in response to the lawsuit. The case is scheduled for a jury trial in May 2015 in Winnebago County…