Elderly Verbal Abuse in Nursing Homes
- Reviewed By
Anthony C. Lanzone, Founding Partner
Verbal abuse in nursing homes is the use of language to cause psychological harm to residents, and it can lead to significant physical and mental health decline. You have the power to stop verbal abuse by reporting it to the Department of Health or long-term care ombudsman and contacting an experienced California elder abuse lawyer at Lanzone Morgan, LLP.
With over 75 years of combined experience, we can help you protect your loved one and recover substantial compensation for their medical expenses, emotional distress, pain and suffering, and other losses.
Table of Contents:
- What Is Verbal Abuse in Nursing Homes?
- Recognizing the Signs of Verbal Abuse in Nursing Homes
- Take Immediate Action If Your Loved One Is Experiencing Elderly Verbal Abuse
- How to Prove that Your Loved One Has Been Verbally Abused in a Nursing Home
- Legal Rights of Nursing Home Residents
- Available Compensation for Verbal Abuse
- How We Can Help with Your Loved One’s Elderly Verbal Abuse Case
Verbal abuse in a nursing home can lower your loved one’s quality of life and harm their physical and mental health. Your loved one has a right to be treated with dignity and respect. At Lanzone Morgan, LLP, we are dedicated to advocating for elder rights with passion and precision. We can give your loved one a voice, hold the nursing home accountable, and recover substantial compensation on their behalf. Schedule your free consultation today by filling out our contact form or calling (888) 887-9777.
What Is Verbal Abuse in Nursing Homes?
Verbal abuse is the use of words or language to exert power or cause psychological harm to another person. It may include one or more of the following behaviors:
- Insults
- Degrading comments
- Yelling and screaming
- Humiliation
- Gaslighting
- Abusive language
- Hostile language or tone of voice
- Threats
- Intimidation
- The silent treatment
- Sarcasm
- Dark humor
- Condescension
- Name-calling
Abuse is rampant in nursing homes. The World Health Organization reports that 64.2 percent of nursing home staff surveyed admitted to abusing residents in the last year. This number is likely lower than the actual number who committed abuse since many abusers will not own up to it.
As many as 33.4 percent of nursing home residents reported experiencing psychological abuse, including verbal abuse. According to the WHO’s study, psychological abuse is the most prevalent type of elder abuse. Physical abuse was in second place, with 14.1 percent of residents reporting physical abuse. These numbers are likely lower than the real numbers since residents may not recognize abuse, and some are fearful to report it, even in an anonymous study.
Verbal abuse does not involve physical contact. However, it often accompanies physical abuse.
Recognizing the Signs of Verbal Abuse in Nursing Homes
Any unexplained change in your loved one after entering a nursing home could be a red flag for abuse. The most common changes we have seen include the following:
- Social withdrawal
- Loss of interest in activities previously enjoyed
- Unusual agitation
- Rocking back and forth
- Panic attacks
- Changes in eating habits
- Depression
- Anxiety
- Loss of self-esteem
- Fear of nursing home staff
- Crying incidents
- Jumpiness or increased tendency to flinch
- Expressing fear or negative feelings about nursing home staff
- Expressions of suicidal thoughts
If your loved one tells you they have experienced abuse, take it seriously, even if your loved one has dementia or another cognitive condition. Residents with dementia have a heightened risk of abuse and the most difficulty recognizing or expressing it.
If you hear staff verbally abusing other residents while you are visiting your loved one, this could mean your loved one is experiencing verbal abuse or is at risk.
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Did you know?
Verbal abuse can cause serious physical harm due to the chronic stress it creates. These effects can be as severe as physical abuse effects or worse.
While physical abuse signs may result in obvious symptoms, such as bruises and broken bones, the effects of verbal abuse are less direct and, thus, harder to identify. However, the physical effects may include body aches, headaches, weight loss, chest pain, heart palpitations, increased blood pressure, increased susceptibility to infections, self-injury, and suicide.
Take Immediate Action If Your Loved One Is Experiencing Elderly Verbal Abuse
If your loved one has experienced elderly verbal abuse, they may be unable to stand up for themselves. Their well-being may depend on you taking decisive action. If you suspect your loved one is experiencing verbal abuse, you can put a stop to it by doing the following:
- Report verbal elder abuse. Contact the California Department of Public Health’s district office for your county or call the Long-Term Care Ombudsman Crisis line at 1(800) 231-4024.
- Transfer your loved one. If possible, consider moving your loved one to another facility.
- Contact an attorney. Our compassionate California nursing home abuse lawyers are advocates for elder abuse victims. We can help you report the abuse, protect your loved one, and hold the nursing home accountable.
How to Prove that Your Loved One Has Been Verbally Abused in a Nursing Home
Proving verbal abuse can be more challenging than proving physical abuse because the effects are less obvious. You will need to prove your loved one experienced verbal abuse and that the abuse caused measurable harm, such as medical bills or a reduced quality of life. The following evidence is crucial:
- An agency investigation. Reporting verbal elder abuse to the Department of Health or the ombudsman will lead to an investigation that could document the abuse.
- A journal. Keep a journal that includes the names of abusive staff members, the time and date of each incident, the names of staff on duty, and details of each incident.
- Eyewitness testimony. Talk to staff on duty, residents, and anyone present when the abuse occurred. Try to obtain a written account of the incident from the witnesses or interview them and, with their permission, record the interview.
- Medical records. Your loved one’s medical records provide documentation of the effects of the abuse and the costs.
- Expert testimony. Medical and psychological experts can corroborate abuse through physical and mental health examinations.
Our knowledgeable California elder abuse attorneys can gather evidence for you. Call our office today at (888) 887-9777 to get started.
Legal Rights of Nursing Home Residents
In 1987, Congress enacted the Nursing Home Act to protect nursing home residents. Federal regulators issued 42 C.F.R. §483.10, which guarantees nursing home residents the right to be treated with dignity and respect, and §483.5 includes verbal abuse under the definition of nursing home abuse. Staff, residents, and visitors may perpetrate verbal nursing home abuse. However, the nursing home is responsible for protecting your loved one, regardless of who commits the abuse.
Meanwhile, California’s Elder Abuse and Dependent Adult Civil Protection Act imposes criminal penalties and civil liability on perpetrators of verbal abuse in nursing homes. Nursing home staff who cause unjustifiable mental suffering to residents may face fines and incarceration. You can also sue a nursing home and the health care providers for harm caused by elder verbal abuse.
You have a right to visit your loved one 24 hours a day. One way to prevent or identify verbal abuse is to visit your loved one at irregular times—including late at night and early in the morning—to monitor the care your loved one receives. When the nursing home knows you could show up at any time, staff may be more careful about how they treat your loved one.
Available Compensation for Verbal Abuse
You or your loved one may be entitled to economic, non-economic, and punitive damages for verbal nursing home abuse. Economic damages cover documented monetary losses, such as the cost of transferring your loved one and medical expenses. Economic damages include future medical expenses, such as the lifetime cost of treating PTSD or the physical effects of the abuse.
Non-economic damages cover subjective losses, such as the following:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Humiliation
For abuse that occurs on or after January 1, 2025, you can recover up to $430,000 in non-economic damages. This limit is adjusted by $40,000 annually. For abuse that occurred in 2024, the limit is $390,000.
California allows courts to award punitive damages when you present clear and convincing evidence of oppression, fraud, or malice. Verbal abuse in nursing homes may meet this criteria. There is no dollar limit on punitive damages, but the amount must be reasonable.
We have recovered over $200 million in compensation. Contact us today to learn how we can help your loved one recover the maximum compensation available.
“Vulnerable victims are unique in that they generally cannot care for themselves and must rely on others for their well-being. Perpetrators are able to take advantage of this reliance due to the vulnerable victim’s inability to physically or mentally do anything about it. Sometimes, the vulnerable victims acquiesce to the abuse or neglect for fear they will be worse off in the event the abuser is not around to assist them with any of their needs. There is no greater cause as a lawyer than fighting for a vulnerable victim who has been subjected to such outrageous conduct.”
How We Can Help with Your Loved One’s Elderly Verbal Abuse Case
Our compassionate elder abuse attorneys understand how devastating it is to learn your loved one has suffered maltreatment in the facility you trusted to keep them safe. With over 75 years of combined experience, we provide hands-on advocacy with an approach customized to your loved one’s needs. We can handle your legal case while you focus on your loved one. We will do the following and more:
- Investigate the abuse
- Interview witnesses and gather evidence
- Report the abuse
- Provide emotional assistance, counseling, and resources
- Negotiate aggressively for the settlement your loved one deserves
- Take your case to trial if necessary
We are proven trial lawyers singularly focused on protecting the rights and welfare of the elderly community with compassion and perseverance. Our passion and perseverance are what separate us from the mediocre. If your loved one has experienced verbal abuse in a nursing home, call (888) 887-9777 immediately for a free consultation or contact us online.
- Fact-Checked
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
Clinic, C. (2025, January 29). Verbal abuse: What it is, what it sounds like and how to address it. Cleveland Clinic. https://health.clevelandclinic.org/verbal-abuse
World Health Organization: WHO. (2024, June 15). Abuse of older people. https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people
Elder abuse. (2023, July 21). National Institute on Aging. https://www.nia.nih.gov/health/elder-abuse/elder-abuse
- Fact-Checked
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
Clinic, C. (2025, January 29). Verbal abuse: What it is, what it sounds like and how to address it. Cleveland Clinic. https://health.clevelandclinic.org/verbal-abuse
World Health Organization: WHO. (2024, June 15). Abuse of older people. https://www.who.int/news-room/fact-sheets/detail/abuse-of-older-people
Elder abuse. (2023, July 21). National Institute on Aging. https://www.nia.nih.gov/health/elder-abuse/elder-abuse