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Elderly Physical Abuse in Nursing Homes

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Anthony C. Lanzone, Founding Partner

KEY TAKEAWAY

Physical abuse in nursing homes is the inappropriate use of physical force to cause pain or otherwise harm a resident. The signs of elderly physical abuse include unexplained bruising, broken bones, mood and behavioral changes, and death. Understaffing and poor working conditions are important risk factors for nursing home abuse, but it should never happen, regardless of the cause. You can protect your loved one by being aware of the signs, reporting suspected abuse, and consulting with an experienced nursing home abuse law firm like Lanzone Morgan, LLP.

Nursing home physical abuse occurs when someone intentionally inflicts physical force or harm on a nursing home resident. It can result in significant emotional trauma, serious injuries, and death. Residents who suffer physical abuse in nursing homes often live in a state of constant fear and anxiety. They may suffer in silence because they do not recognize the behavior as abuse or fear retaliation. Physical abuse in a nursing home is always unacceptable.

Learning your loved one is having such a traumatic experience is painful. Our attorneys are compassionate advocates for nursing home abuse victims. We are here to help you protect your loved one and hold the nursing home accountable. Call 1(888) 887-9777 or fill out our contact form for a free, confidential consultation.

Types of Physical Abuse Nursing Home Residents Experience

Physical abuse is the inappropriate use of force to inflict pain or injury on the body. Examples of physical abuse in nursing homes include the following:

  • Hitting
  • Slapping
  • Punching
  • Pushing
  • Grabbing
  • Pinching
  • Shaking
  • Kicking
  • Using physical restraints
  • Inappropriate use of medication
  • Withholding food or drink
  • Force-feeding
  • Rough handling while providing care
  • Refusal to change diapers or bedding
  • Withholding showers
  • Inappropriate indwelling catheters

We have helped clients hold nursing homes accountable for all types of abuse and neglect. Contact us today for a free consultation if your loved one has suffered physical abuse in a nursing home.

Signs of Physical Abuse in Nursing Homes

Physical abuse often leaves visible marks, but this is not always the case. Signs of physical abuse include the following:

  • Unusual bruises
  • Burns
  • Cuts and scrapes
  • Broken bones
  • Frequent flinching
  • Post-traumatic stress disorder
  • Changes in personality
  • Rapid health decline
  • Weight loss
  • Dehydration
  • Disheveled appearance
  • Urine or feces odors
  • Dirty clothes
  • Fear of particular nursing home staff members
  • Disclosure of the abuse
  • Unexpected death

Most nursing home abuse victims will not disclose abuse, even if you ask. Your loved one may rely on the abuser for essential care, and they may fear worsened abuse if they report it. The abuser may even use threats to keep them silent.

Knowing your loved one is suffering abuse and living in terror is upsetting. Physical abuse should never happen in a nursing home, and you have every right to be angry if someone you love experiences it. We are here for you and your loved one to fight for justice and hold the nursing home accountable. We will also provide you and your loved one with emotional support and resources.

Why Is Physical Abuse Common in Nursing Homes?

Nursing homes are often for-profit corporations that sacrifice care quality to save a buck. They operate facilities on shoestring budgets while their owners and investors become millionaires. They create the following conditions that contribute to nursing home physical abuse:

  • Understaffing. Overwhelmed staff rush through care, become angry with residents who require more of their time, and use inappropriate methods, such as sedation and catheterization, to reduce their workloads and manage patients.
  • Poor working conditions. Nursing home staff often feel overworked, underpaid, and underappreciated. They may take their frustrations out on residents, especially those with higher needs.
  • Lack of training. Poorly trained nursing home staff are not properly equipped to handle aggressive resident behavior effectively or respond appropriately to residents with dementia.
  • Negligent hiring. Staff shortages and poor working conditions create high staff turnover and make it difficult to fill positions. Some will hire just anyone without performing appropriate background checks.
  • Lack of supervision. Inadequate staffing levels make it harder for staff to supervise residents, putting residents at risk of violence from other residents or personnel.

If your loved one’s nursing home is understaffed or you sense it is a poor working environment, your loved one may be at risk of abuse.

Nursing home staff are not the only perpetrators of nursing home abuse. A study of over 2,011 residents published in the Annals of Internal Medicine found that 5.2 percent of residents experienced physical abuse from other residents. The highest rates of incidents were observed where CNAs had large caseloads, residents lived in dementia units, and residents shared rooms with others. Also, abuse was more common during winter months. Nursing homes can be held liable for resident-on-resident abuse because they have a legal duty to supervise residents and prevent assaults.

How You Can Protect Your Loved One from Experiencing Nursing Home Abuse

Nursing home residents have a right to be treated with dignity, make informed health care decisions, and maintain contact with outside parties under the federal Nursing Home Reform Act. Physical abuse in a nursing home violates your loved one’s rights. The California Elder Abuse and Dependent Adult Civil Protection Act allows you to file a civil lawsuit on your loved one’s behalf and collect damages for the harm caused by nursing home physical abuse.

California nursing home staff are mandatory reporters who face criminal penalties for violations. However, despite this, nursing homes often cover up abuse to evade liability. Thus, your loved one’s safety may depend on you noticing the signs of abuse and taking action. Visit your loved one often and at unpredictable times, including in the middle of the night. Ask friends and family to do the same. Staff are less likely to abuse your loved one when they know an alert, caring friend or family member may show up anytime.

Act Now If Your Loved One Is Being Physically Abused

If you suspect your loved one is experiencing physical abuse, you have the power to stop it. If you have lost confidence in the nursing home’s ability to keep your loved one safe, consider transferring your loved one to another facility, if possible. In addition, always take the following steps:

  • Document the abuse
  • Report the abuse
  • Consult an attorney

Document the Abuse

Gather as much evidence as you can to document the abuse, including the following:

  • Medical records, including records of treatment for injuries caused by abuse
  • Test results
  • Photographs of injuries
  • Times and dates of abuse
  • Detailed descriptions of any incidents you know about
  • A list of signs and symptoms of abuse and the dates you noticed them
  • The names and titles of nursing home staff on duty when the abuse occurred
  • Recorded interviews with eyewitnesses, such as residents, staff, and visitors
  • Written statements from eyewitnesses

Report the Abuse

You do not have to have proof of abuse to make a report. Suspicion is enough. It is better to make a report and find out you were wrong than risk your loved one suffering for even one more day. To report abuse:

  1. Contact the Long-Term Care Ombudsman. Every nursing home must post the number of the ombudsman serving your local area. An ombudsman can visit your loved one and perform an investigation. You can also call the state crisis line by dialing 1(800) 231-4024.
  2. Call the California Department of Public Health. The department’s Licensing and Certification Program is responsible for regulating, certifying, and inspecting nursing homes. The division will investigate your report and report its findings to the Centers for Medicare and Medicaid Services and may impose sanctions.
  3. Call your local law enforcement. Physical abuse of the elderly is a crime in California punishable by fines and imprisonment under the California Elder Abuse and Dependent Adult Civil Protection Act and Title Nine of the California Penal Code.
  4. Call 911 if your loved one is in immediate danger of physical abuse.

Consult an Attorney

Speak with a California nursing home abuse lawyer if you suspect your loved one is experiencing elderly physical abuse in a nursing home. Attorney involvement alerts the nursing home that it will be held accountable for abuse and often stops it immediately if it is occurring. When you choose Lanzone Morgan, LLP, our compassionate attorneys can help you report the abuse, provide legal advice about your rights and options, and help you protect your loved one.

“Vulnerable victims are often cast aside by society. Despite having laws to deter this conduct, state and federal governments are unable to do enough to curb the increasing trend of abuse and neglect. When we litigate cases, our goal is to hold the perpetrators accountable for their wrongful conduct and obtain compensation for the vulnerable victims. There has been no greater reward than being the voice and advocate for the thousands of clients we have represented over the many years of practice and holding the perpetrators accountable.”

We Can Help If Your Loved One Has Suffered Physical Abuse in a Nursing Home

We are an experienced elder abuse law firm singularly focused on protecting the rights and welfare of the elderly. At Lanzone Morgan, LLP, we have over 75 years of combined experience and a proven track record of holding nursing homes accountable. Our attorneys have achieved over $200 million in settlements and verdicts. We offer compassionate legal support using adaptive strategies to provide the individualized representation and care you and your loved one deserve. You can count on us to do the following:

  • Investigate your claim
  • Gather evidence
  • Interview witnesses
  • Obtain expert witness testimony
  • File a lawsuit
  • Negotiate a maximized settlement
  • Take your case to trial if necessary

With decades of experience focusing on nursing home abuse cases, we understand the inner workings of nursing homes and their defense strategies. We know where to look for evidence of abuse, how to apply the law, and how to require the nursing home to cooperate. We are proven trial lawyers with the resources and experience to stand up to large health care corporations and win full compensation for your loved one’s medical bills, pain and suffering, emotional distress, and other losses.

Call 1(888) 887-9777 today or contact us online to schedule a free case review.

Last modified: February 10, 2025
Anthony Lanzone, nursing home attorney headshot
Reviewed by:
Anthony C. Lanzone
Founding Partner

This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.

VIEW SOURCES

Lachs, M. S., Teresi, J. A., Ramirez, M., Van Haitsma, K., Silver, S., Eimicke, J. P., Boratgis, G., Sukha, G., Kong, J., Besas, A. M., Luna, M. R., & Pillemer, K. A. (2016). The prevalence of Resident-to-Resident elder mistreatment in nursing homes. Annals of Internal Medicine, 165(4), 229. https://doi.org/10.7326/m15-1209

42 CFR Part 483 — Requirements for states and long term care facilities. (n.d.). https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483

Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=8.5

Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=3

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Last modified: February 10, 2025
Anthony Lanzone, nursing home attorney headshot
Reviewed by:
Anthony C. Lanzone
Founding Partner

This content has been legally reviewed and approved by nursing home abuse attorney, Anthony Lanzone. Anthony holds notable memberships with professional organizations including the American Association for Justice and Consumer Attorneys of California.

Lachs, M. S., Teresi, J. A., Ramirez, M., Van Haitsma, K., Silver, S., Eimicke, J. P., Boratgis, G., Sukha, G., Kong, J., Besas, A. M., Luna, M. R., & Pillemer, K. A. (2016). The prevalence of Resident-to-Resident elder mistreatment in nursing homes. Annals of Internal Medicine, 165(4), 229. https://doi.org/10.7326/m15-1209

42 CFR Part 483 — Requirements for states and long term care facilities. (n.d.). https://www.ecfr.gov/current/title-42/chapter-IV/subchapter-G/part-483

Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=8.5

Codes display text. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=WIC&division=9.&title=&part=3.&chapter=11.&article=3

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