Elder Abuse in Nursing Homes: Emotional Distress
The infliction of emotional distress or mental suffering in nursing homes and other long-term care facilities is a widespread and serious form of elder abuse. It often presents as fear, intense anxiety, depression, confusion, agitation, or feelings of humiliation, intimidation, or social isolation. Such distress commonly arises from ongoing verbal abuse, threats, manipulation, or deceptive conduct designed to frighten, gaslight, or disorient a resident.
Emotional harm significantly diminishes a resident’s quality of life, can worsen underlying medical conditions, increase the likelihood of hospitalization, and, according to certain studies, is linked to higher mortality rates among nursing home residents.
Let’s look at how emotional distress claims can play out, with reference to two types of claim: intentional and negligent.
Intentional Infliction of Emotional Distress (IIED)
To establish a claim for intentional infliction of emotional distress, it must be proven that:
- The defendant’s conduct was outrageous
- The defendant intended to cause emotional distress, or acted with reckless disregard for the likelihood that such distress would occur
- The plaintiff suffered severe emotional distress
- The defendant’s conduct was a substantial factor in causing that distress.
Elder abuse lawsuits brought under California’s Elder Abuse Act often rely on demonstrating reckless conduct by the defendant.
Negligent Infliction of Emotional Distress (NIED)
Another cause of action frequently raised in elder abuse litigation is negligent infliction of emotional distress. These ‘bystander claims’ are typically brought not by the abused resident, but by a close family member who suffers severe emotional distress from witnessing or becoming aware of the abuse or neglect of their loved one.
To prevail on a bystander NIED claim, a plaintiff must establish that:
- They were closely related to the victim
- The defendant negligently caused injury to the victim
- The plaintiff was aware, at the time the wrongdoing occurred, that the defendant’s conduct was harming the victim
- The plaintiff suffered serious emotional distress
- The defendant’s conduct was a substantial factor in causing that distress.
NIED claims in elder abuse cases are often challenged by arguing that the bystander plaintiff did not ‘contemporaneously perceive’ the neglect or abuse. They frequently rely on precedent from medical malpractice cases, contending that a layperson cannot perceive a healthcare provider’s failure to meet the professional standard of care, nor comprehend the causal relationship between the failure and and resultant harm. Defendants may also assert that NIED claims fail when the bystander was not physically present.
If you believe your loved one has suffered emotional abuse in a nursing home or assisted living facility, consult an experienced elder abuse attorney in Los Angeles, San Francisco, Sacramento, or Santa Barbara. Contact Dudensing Law for a free evaluation here.