Assault & Battery in Nursing Homes
Incidents of non-sexual battery in nursing homes and assisted living facilities often involve acts of physical abuse committed by staff members, residents, or third parties with access to the premises. These cases typically reveal serious deficiencies in care, supervision, and security, exposing the facility to potential liability under the Elder Abuse Act.
Much of the detail we looked at in previous blogs on sexual assault also applies to non-sexual assault and battery. Let’s look at some of the specifics of non-sexual assault and battery in nursing homes so you can be alert to the warning signs and protect your loved one from elder abuse.
Resident-on-Resident Assault
Resident-on-resident violence is a common problem, particularly in facilities caring for individuals with cognitive impairments such as dementia or Alzheimer’s disease. Physical assaults typically occur in shared spaces like hallways, dining areas, or activity rooms. Incidents may stem from confusion, agitation, or longstanding interpersonal conflicts. Physical aggression may manifest as hitting, pushing, biting, or other forms of violence.
Adequate staffing and supervision are crucial to preventing such incidents. Facilities that are chronically understaffed or employ inadequately trained personnel often fail to identify and defuse escalating tensions, resulting in serious resident injuries. Under federal regulations, nursing homes are obligated to identify residents with aggressive tendencies and implement measures to mitigate risks, such as increased supervision, behavior management interventions, or separate housing arrangements. Liability often hinges on whether the facility properly assessed the aggressive behavior and adopted reasonable care plans to prevent foreseeable harm.
Staff-on-Resident Assault
Physical abuse by staff represents one of the most troubling and recurrent forms of assault and battery in long-term care. Such misconduct can include slapping, striking, pushing, or other deliberate acts of physical force during routine caregiving tasks like bathing or feeding residents.
Because many residents suffer from cognitive decline, speech limitations, or physical disabilities, these assaults often go unreported, surfacing only after the appearance of unexplained injuries such as bruises, fractures, or sudden behavioral changes like fear or withdrawal. Elder abuse litigation arising from these incidents typically centers on a facility’s failure to hire qualified staff, provide adequate training, or enforce appropriate supervision. When evidence shows that complaints were ignored or abuse persisted over time, the misconduct may prove to be part of a broader pattern of systemic neglect due to staffing deficiencies, ignored warnings, or prior incidents involving the same employees.
Third-Party Assaults
Although less common, assaults committed by third parties, including family members, visitors, or unauthorized individuals who gain access to the premises can also lead to serious harm. These cases typically involve acts of physical violence or other aggressive conduct within the facility.
Long-term care facilities have a legal duty to maintain a safe and secure environment. This obligation includes controlling access to the premises, monitoring visitors, and enforcing security procedures. Liability often hinges on whether the facility implemented and adhered to adequate safety measures, such as secure entry systems, visitor logs, and surveillance cameras. If a resident is harmed because of lax security or a failure to follow established safety protocols, the facility may be held responsible for resulting injuries. Facilities with a known history of security breaches or prior assaults face heightened scrutiny for failing to address foreseeable risks.
If you believe your loved one has suffered an assault 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 here to schedule an evaluation.