Battery in Nursing Homes

A nursing home is meant to be a safe place for elderly residents who need ongoing medical attention. These residents have the right to access quality care and live in a comfortable environment where the staff meets all their needs. Unfortunately, nursing home abuse and neglect are rampant nationwide. 

Some of this neglect comes down to staffing shortages, but there are also instances of physical abuse. Certain types of physical abuse may even be categorized as battery, which is a criminal offense. 

Understanding Battery in Nursing Homes

Battery is an intentional act or offensive contact that causes physical harm to a person without their consent. Elder abuse in a nursing home often involves battery if a staff member or other resident causes bodily harm to the victim. 

Since residents in nursing homes are often physically vulnerable and less capable of advocating for themselves, nursing home abuse has become a significant issue. 

Prevalence and Impact of Battery in Nursing Homes

A study by the National Institutes of Health in 2021 found that roughly 29% of reports of abuse or neglect in nursing homes involved physical abuse [1]. This demonstrates the prevalence of the issue nationwide. Abuse can come at the hands of caregivers, other residents, facility visitors, and even administrators. 

Being physically abused in a nursing home has both physical and emotional consequences, some of which can last for the rest of the victim’s life, depending on the extent of the abuse. One of the few ways to reduce the rate of nursing home abuse is to hold the at-fault parties accountable via civil claims. 

Recognizing the Signs of Battery

If you have a loved one in a nursing home, it is essential to know the signs of battery and physical abuse. When you notice these signs, you should report them to the nursing home administrators or the police. 

Common signs of battery in a nursing home include unexplained bruises, fractures, broken bones, fearfulness around specific individuals, withdrawal from usual activities, and agitation. 

The Role of a Nursing Home Battery Lawyer

When nursing home residents suffer from elder abuse and neglect, they have the right to pursue legal action against the facility or staff members responsible. Filing a claim for nursing home abuse is complex, but an experienced attorney can make all the difference. 

Advocate for Justice and Protection

A lawyer’s primary purpose is to advocate for the victims of nursing home abuse. They seek justice for the plaintiff by holding abusers accountable and preventing further harm to other vulnerable residents. Nursing home residents have the right to quality care and protection, so a lawyer may be necessary when facilities fall short of that standard. 

Expertise in Elder Abuse and Personal Injury Law

Specific laws at the federal and state levels govern cases like these. When you pursue legal action, you need someone who knows personal injury law and elder abuse regulations. Civil lawsuits and criminal proceedings also have distinct legal processes. 

Your attorney, experienced in elder abuse law, will expertly navigate the civil aspects of your case, ensuring it’s filed within a specific legal framework, especially if compensation for damages is on the table.

A nursing home abuse and neglect law firm can help victims recover compensation for legal damages, such as lost income, medical bills, physical pain, emotional distress, PTSD, and loss of quality of life. If the victim of the abuse dies, surviving family members can pursue additional damages like funeral costs, loss of financial support, and loss of companionship. 

Compassionate and Client-Focused Representation

An elderly person who has suffered from nursing home abuse and neglect may be in a delicate mindset. The family members of these victims are also dealing with emotional turmoil. Choosing a legal team sensitive to your emotional state and supportive of your rights is essential to experiencing peace of mind during the claims process. 

Common Forms of Battery in Nursing Homes

Nursing home abuse can manifest in numerous ways. Assisted living facilities may not have the resources or staff to care for each nursing home resident adequately. Still, they are expected to provide the necessary care at all times, which includes protection from elder abuse. Here are a few scenarios that may constitute battery. 

Physical Harm

Physical harm often falls under the umbrella of nursing home assault and battery. These violent acts may include hitting, slapping, pushing, shoving, or misusing physical or chemical restraint methods, such as psychotropic medication. 

The consequences of these actions can be bodily harm and emotional damage to the victim. If the abuse is extreme, the person’s life may even be in danger. Sadly, these abusive measures are often inflicted by nursing home staff who are frustrated by a patient or attempting to punish that individual for poor behavior. 

Sexual Assault

Sexual battery is less common than other forms of physical elder abuse, but it is still a significant concern within a nursing home. Elderly individuals are more vulnerable to this type of abuse because they may not be aware of what’s happening or have the strength to stop it. 

Sexual assault can have a devastating impact on a person’s body and emotions, reducing their enjoyment of life significantly. 

Emotional and Psychological Abuse

Other forms of abuse can fall under the category of battery, even if they are not causing damage to the victim’s body. Verbal abuse, threats, intimidation, and humiliation could all be considered battery in some circumstances. 

Long-term care facilities are required to uphold the patient’s right to autonomy and dignity, and these forms of psychological and emotional abuse violate that right. 

Overcoming Challenges in Nursing Home Battery Cases

Winning a battery case for nursing home abuse is not a simple task. Although the burden of proof is not as steep as a criminal proceeding, you must prove that the defendant is more likely than not responsible for the harm and the ensuing damages. Here are some of the challenges to winning an elder abuse case. 

Victim Vulnerability and Communication Barriers

Elderly residents may not be capable of providing a clear version of events. If they have cognitive impairments, memory issues, communication difficulties, or the fear of retaliation, they may not provide the testimony necessary to hold nursing homes accountable. 

These difficulties represent a significant challenge for family members who suspect their elderly loved ones are suffering from psychological abuse, financial abuse, neglect, or battery assault. 

Power Dynamics and Institutional Cover-ups

An assisted living facility can access far greater resources than most nursing home residents. Additionally, there is a significant power imbalance between staff and residents. 

As such, nursing homes can simply cover up the issues and threaten retaliatory action against the victims if they make too much noise. Even if a lawsuit is possible, the nursing home will likely hire a large team of lawyers and rely on their insurance company to negotiate the settlement. 

Without a lawyer on your side, these entities may use shady tactics to undermine your case and lessen the final payout. 

Building a Strong Case with Limited Evidence

The success of your case will depend entirely on the evidence you provide. More substantial evidence will support your claim and increase your chances of winning. However, compiling enough evidence can be a challenge in abuse cases involving nursing homes. 

There may be limited physical evidence of the abuse and no witnesses to the events. You may rely on more circumstantial evidence like expert testimony and behavioral observations. 

Even medical records may not be enough to show the intentional infliction of harm by nursing staff. Building a solid case is one of the primary reasons to hire an experienced attorney after a nursing home assault or abuse. 

Secure Expert Legal Representation 

Holding nursing homes accountable when they fail to keep residents safe is crucial. If you have experienced battery while staying in a nursing home, or you suspect a loved one is being physically harmed without informed consent, you need a dedicated legal team on your side to guide you through the claims process. 

The Nursing Home Law Center team is ready to discuss your case during a free consultation. You can ask questions about your situation to determine the best path forward. If you decide to work with our team, we will support you through the process by protecting your rights and fighting for fair compensation.

To get your free consultation today, call us at 800-926-7565 or complete our contact form. 

Resources: [1] NCBI