Physical Elder Abuse Lawyer

According to the National Council on Aging, approximately one in five adults experience some form of elder abuse in both the community and institutional settings [1]. Common forms of elder abuse include sexual abuse, financial abuse, emotional abuse, neglect, and physical elder mistreatment. 

Physical elder abuse is when a geriatric care manager, whether a family member or professional, inflicts physical pain or bodily harm on an older adult. Approximately 14.1% of older adults or their family members report physical elder abuse, making it a common form of interpersonal violence against older individuals [2]. 

Our attorneys can help you report elder abuse to the proper authorities and recover from the devastating financial loss and emotional damage resulting from the assault.

Types of Physical Abuse in Nursing Homes

Anything that could or does result in physical injuries can be considered physical elder abuse. Abuse of older adults can take many forms in a health care setting, including the following:

Striking, Hitting, or Kicking

Physical assault can include striking, hitting, or kicking vulnerable adults. This violent behavior may serve as punishment for a perceived slight or because the caregiver is frustrated at the older person’s behavior. As older people are fragile, this type of physical abuse can lead to broken bones and other severe injuries. 

Pushing and Shoving

Caregivers in assisted living facilities or other institutional settings may be too rough when transferring patients from a wheelchair to their bed, causing injuries. They may also push elderly patients out of the way, which could result in falls.

Restraints and Inappropriate Confinement

While the United States has some of the lowest uses of physical restraints for elderly individuals, this does not mean that restraint and confinement never happen. Individuals with mental impairment or behavioral issues, like elopement risk, are more likely to be restrained [3]. 

This form of elder abuse can also include repeatedly ignoring a patient’s request to be let out of their room or to be moved from one surface to another, which can result in bodily harm as well. Denying a person vital medical aids, such as a hearing aid, is another form of abuse.

Overmedication or Improper Medication Administration

The National Center for Elder Abuse notes that improper medication management is another form of physical elder abuse [4]. Institutions may overmedicate older adults to make them easier to manage, which can result in substance abuse issues or premature death. 

Antipsychotics, tranquilizers, and sedatives are the most common drugs used to chemically restrain a patient [5]. 

How Family Members Can Spot the Signs of Physical Abuse

Physical abuse of older adults can have a severe impact on their physical and psychological health, in addition to severe financial repercussions. As such, family members and other loved ones must watch for elder abuse warning signs and report abuse to Adult Protective Services as soon as possible. 

Unexplained Injuries

Physical signs of injury are one of the clearest warning signs of elder abuse. An older adult may not want to admit that they are being abused because of guilt, shame, or fear of punishment.

Older individuals may suffer accidental injuries, but physical signs that don’t match their explanation should be thoroughly investigated. 

For example, if the older person claims that they tripped and fell but have hand-shaped bruises on their arms, this could suggest physical elder abuse. Unusual weight loss can also indicate physical abuse. 

Behavioral Changes

Sudden changes in a person’s mental health, such as withdrawal, loss of interest in favorite activities, or sudden agitation, can indicate physical elder abuse [1]. The older adult may show fear of a certain person, whether that is the primary caregiver or others. They may be reluctant to talk about certain topics or express vague unhappiness.

Other forms of elder abuse that may cause a change in residents’ behavior include financial exploitation and psychological abuse. For example, an abuser may physically intimidate an older person into giving them access to their credit cards, bank accounts, Social Security benefits, or a life insurance policy. 

As such, if you suspect abuse because of behavioral changes, also check the victim’s bank account information and other financial paperwork. 

Caregiver Demeanor

Institutional or family caregivers who are aggressive or impatient with an older person may be perpetrating physical elder abuse. Families must pay close attention to interactions between the caregiver and the older adult to ensure their loved one isn’t at risk. 

Causes of Physical Abuse in Nursing Homes

The Centers for Disease Control notes risk and resilience factors related to elder abuse and neglect, including those related to the older adult and the caregiver.  

Risk factors for perpetration include mental illness, substance abuse, and high levels of caregiver stress [6]. Elderly individuals with strong social and family ties are less likely to be victimized, making it crucial that other family members stay active in their care. 

Certain institutional factors can also increase the risk of physical elder abuse, particularly high workloads, poor training, and high stress levels. 

Understaffing

Understaffing is one of the major risk factors for all forms of elder abuse, including emotional abuse and physical abuse. Overworked caregivers are less emotionally resilient and may lash out at older adults when inconvenienced. 

Inadequate Training

Nursing home staff must be trained on how to provide good medical care to all older adults, including those with challenging behaviors or complex medical needs. If they’re not trained in how to give appropriate treatment, they may resort to abusive methods like overmedicating and using physical restraints.

Lack of Supervision and Accountability

Appropriate supervision for staff members is a crucial way to prevent abuse. For example, a geriatric psychiatry specialist should be available to check medication levels and ensure that patients are not being overmedicated for the caregiver’s convenience. 

Administrators should be on the lookout for warning signs of elder abuse and quickly intervene if the resident is facing serious risk. Without oversight, caregivers may commit healthcare fraud, financial abuse, emotional abuse, or physical abuse that can severely impact an elderly person’s quality of life. 

Stressful Work Environment

Caring for older adults in nursing facilities can be highly stressful, especially when staff lack adequate support and resources. 

While family caregivers often have access to support groups and respite care, institutional caregivers may face relentless workplace pressures without sufficient breaks or emotional support. This stressful environment can lead to burnout, potentially increasing the risk of neglectful or abusive behaviors toward residents.

Caregiver burnout can result in the abuse of older adults, even if the caregiver has good intentions. For example, medicating or restraining an older adult is physical abuse if it is not done to prevent immediate danger or improve their overall well-being. 

Legal Recourse for Nursing Home Physical Abuse Victims

Elderly individuals and their families have the right to take legal action against a perpetrator. This response can include reporting the elder abuse, pressing charges, and taking the abuser to civil court for monetary compensation. 

Reporting Abuse

Nurses, nursing assistants, and doctors are legally required to report mistreatment of elderly individuals to local authorities, such as Adult Protective Services or the health department. However, a family caregiver can and should also report elder abuse to the police when they see warning signs. 

If there is an immediate threat to the older person’s life, they should be taken to the emergency room as soon as possible, where professionals can examine them for signs of elder abuse and report their suspicions to the authorities.

Filing a Lawsuit

Elder abuse victims and their loved ones can file a civil lawsuit against the abuser or the facility. For example, a negligence lawsuit refers to the caregiver’s refusal or inability to adhere to proper standards of care, which includes freedom from abuse.

Facilities can be held accountable under vicarious liability, meaning they are liable for their employees’ actions. They may also be responsible for negligent supervision or breach of fiduciary duty to the older person and their family.

Seeking Compensation

A civil case provides compensation for the harm caused by elder abuse rather than press charges or seek jail time. This compensation, called damages, can include medical bills, out-of-pocket expenses, lost wages if the older adult was working, pain and suffering, and emotional damages.

In severe cases of elder abuse that go to court, including physical abuse and sexual abuse, a jury may award punitive damages. These additional damages are meant to punish the abusive caregiver and prevent them from reoffending. They are not always available and will not be granted through negotiation.

Presence of a Lawyer is Crucial in Elder Abuse Claims

A physical elder abuse lawyer can guide you through the entire legal process, ensuring you have the best chance of obtaining compensation. Our team of attorneys can assist you in investigating the abuse, negotiating with insurance, and filing a lawsuit.

Investigating Abuse

An attorney can thoroughly investigate elder abuse allegations, including gathering evidence like medical reports and institutional logs. They can also interview witnesses, such as other caregivers and residents, to get a full picture of what happened. This report will be combined to create a compelling narrative of evidence based on facts. 

Protecting Victims’ Rights

Our lawyers seek to protect victims and their family members from third parties and ensure they receive the help they need. We can refer you and your loved ones to resources, such as support groups and mental health organizations, so that you can process the incident in a safe space.

Additionally, we will communicate with third parties on your behalf, preventing any unwanted communication from abusers or administrators at the facility. This intervention allows you to focus on healing and supporting your elderly family member. 

Negotiating with Insurance Companies

Most nursing home abuse cases are settled out of court, as the facility wants to avoid bad publicity, and settlement amounts are confidential. Compensation may be provided through negotiation with the nursing home’s insurance company. 

Using the evidence we have gathered, we will craft a demand letter requesting a specific sum based on calculated damages. We will submit it to the facility’s insurance company, who will then return with a counteroffer. This process may continue until you and the insurance company can agree on a sum.

Sometimes, the insurance company refuses to provide fair compensation. We can go through mediation, in which a neutral third party helps the victim and the insurance company reach an acceptable sum by reframing issues and offering different perspectives. 

We can also pursue arbitration, in which an arbitrator issues a binding arbitration agreement based on the available evidence.

With our extensive experience, we can help you determine what a fair agreement is and when to stop negotiating. However, if the insurance company refuses to provide a reasonable offer, we may decide to file a lawsuit.

Litigating in Court

If a settlement cannot be reached, we will represent you and your family in court. This process involves filing paperwork, taking depositions, sharing information with the other party, and presenting the evidence before a judge and jury.

At the end of the trial, a jury will decide whether you should receive compensation and how much you should receive. This settlement can include damages that are not typically awarded, like punitive damages. 

However, if the jury decides against you, you will receive nothing, making a lawsuit potentially risky. Based on the available evidence, our team will help you determine whether a lawsuit is a good option. 

Secure Expert Legal Representation! 

Physical elder abuse can have devastating impacts on an elderly individual, including early mentality, long-term health issues, and emotional damage. At Nursing Home Law Center, we advocate for victims and their loved ones, holding abusers accountable and ensuring that elderly individuals receive justice for abuse.

We work on a contingency fee basis, meaning you owe us nothing unless we win your case. To schedule a free consultation with an elder abuse attorney, call us 24/7 at (800) 926-7565 or use our online contact form. 

References: [1] National Council on Aging, [2] World Health Organization, [3] National Institute of Health, [4] National Center on Elder Abuse, [5] Justia Law, [6] Centers for Disease Control