An elderly nursing home resident in California is in an extremely vulnerable position simply by virtue of needing the care and treatment that a nursing home provides. Not only that, but whenever an elderly nursing home resident suffers an intentional act of violence or is threatened by any of the numerous other people that make up the population of a nursing home, it is considered to be an assault.
Like any other instance of assault, nursing home residents can suffer physical attacks–hitting, shoving, or pushing–as well as verbal threats of violence. Worse yet, these nursing home residents may have difficulty defending themselves, making them particularly susceptible and vulnerable to assault. Even if it occurs in a nursing home setting, assault is still a criminal offense in California and can result in serious injury or harm to the resident. Because of this, it’s very important to understand what leads to these assaults and what to do if your elderly loved one is the one that is being assaulted in their nursing home.
Let Maison Law Stand Up For Your Elderly Loved One
Often, nursing home residents are alone in their battle with abuse at the hands of their caregivers. Whether it be physical assaults or emotional abuse, California law is clear that every home resident has the right to an environment free of abuse or neglect while in a nursing home. Still, not every nursing home takes their responsibility to their residents seriously. When they allow your elderly loved one to be assaulted or otherwise abused, Maison Law will be there to stand up for their rights.
Our team of experienced California nursing home abuse lawyers knows how to hold nursing homes accountable, and can make sure your elderly loved one gets the care and treatment they deserve. To learn more, contact us for a free consultation.
Assault and Nursing Home Abuse in California
California is home to a large elderly population and unfortunately, some of these individuals suffer from abuse while in nursing homes. Assault in nursing homes can take many forms, including physical harm, emotional distress, and sexual abuse.
The California Department of Public Health (DPH) has established regulations and standards of care to protect the elderly from abuse and assault. These regulations include:
- Reporting any suspected abuse
- Providing residents with a safe environment
- Ensuring that proper staff and facility training are in place.
Types of Assault
In the legal context, “assault” is generally defined as an intentional act that either hurts another person or places them in reasonable fear of imminent physical harm. In California, an assault has two elements:
- An unlawful attempt; and
- The present ability to commit a violent injury to another person.
In the context of nursing home abuse, an assault occurs when any physical harm is intentionally inflicted upon a resident. This can range from slapping or hitting to sexual assault and even the use of restraints. Unfortunately, like other forms of nursing home abuse, there is a wide range of different types of assault in a nursing home. These include:
- Physical assault – Physical violence such as hitting, pushing, or shoving.
- Sexual assault – Any type of non-consensual sexual contact.
- Verbal assault – Threatening or harassing behavior such as yelling, name-calling, or intimidation.
- Psychological assault – Emotional abuse such as humiliation, isolation, or manipulation.
- Financial exploitation – Theft or misuse of residents’ funds or property.
All residents of California nursing homes have the right to be free from abuse and assault. It is important for families and facility staff to remain alert and to report any suspected abuse to the proper authorities. Most assaults that occur in a nursing home are, legally, crimes. Thus, not only can they be reported to the DPH but even to local law enforcement. By taking these steps, elderly loved ones can be protected from assault and other forms of abuse while in a nursing home.
How To Recognize Assault In a California Nursing Home
The unfortunate reality of nursing home assault is that it’s very similar to other forms of abuse in that it’s difficult to witness. Many instances of assault in nursing homes occur either between two residents or between the resident and a caregiver. However, assault can occur at virtually any time. Making matters worse, many elderly nursing home residents suffer from dementia or impaired memory, which can cause issues when trying to recall events.
Thus, it’s important for the resident’s loved ones to become aware of and recognize any signs of assault that may be occurring in the nursing home. While every situation has its own unique circumstances, some of the more common warning signs of assault include the following:
- Physical injuries – Bruises, cuts, broken bones, or other physical injuries can be signs of assault.
- Emotional distress – Look for signs of fear, anxiety, depression, or trauma in your loved one.
- Changes in behavior – Sudden changes in behavior or personality, such as withdrawing from social activities or being uncooperative, can indicate that something is wrong.
- Unexplained injuries – If a resident has injuries that are not adequately explained, it may be a sign of abuse or neglect.
- Staff behavior – Observe the behavior of staff members around the resident. Any hostile or aggressive behavior towards the resident can be a red flag.
Facing any type of abuse in a nursing home is not only unacceptable but illegal in California. However, assault goes a step further. It is very often criminal in nature, and the physical, emotional, and psychological effects can be extremely harmful to your elderly loved one. Therefore, working to hold the nursing home accountable for allowing these actions to occur is a very important step in combatting the issue.
What Legal Remedies Are There For Nursing Home Assault in California?
Victims of nursing home abuse in California have several remedies to recover damages and force the nursing home to take corrective action. These include:
- Filing a lawsuit against the nursing home
- Reporting abuse to the California Department of Public Health or Department of Aging
- Filing a police report and seeking criminal charges
While the administrative and criminal routes will apply punitive measures for the nursing home, working with our team of experienced California nursing home abuse lawyers can assist your elderly loved one with filing a civil lawsuit against the nursing home. This will allow your elderly loved one to recover compensation for their injuries and other damages.
Damages for nursing home abuse lawsuits in California can include (but are not limited to):
- Increased medical bills for healthcare
- Hospital expenses
- Therapy
- Expenses for medical care equipment,
- Psychological counseling
- Emotional distress
- Pain and suffering
- Attorney’s fees and costs
Additionally, where the abuse was reckless or willful (instead of just negligent), you may be able to obtain “punitive damages.” These damages are awarded on top of any other compensation and are designed as a punitive measure against the nursing home to deter them from allowing the same conduct in the future.
Contact Maison Law Today For a Free Consultation
At Maison Law, our team of experienced California nursing home abuse lawyers will work tirelessly to make sure your elderly loved one is not forced to live in an environment of fear and abuse in their nursing home. No resident should have to worry about being assaulted while under the care of a nursing home. The effects of such mistreatment can be devastating, both physically and emotionally, so don’t wait to seek the justice you deserve.
Contact us today for a free consultation and see how we can help your elderly loved one get the compensation and care they deserve.
