Resident-to-Resident Abuse in Nursing Homes

All nursing home residents have a reasonable expectation of safety and security within the facility. However, elder abuse is becoming more common in nursing homes. 

According to the National Institutes of Health, 38% of residents reported experiencing abuse, and 44% have experienced others being mistreated.[1] While that behavior may be predominantly staff-to-resident abuse, resident-to-resident abuse is also on the rise. 

If you or your loved ones have experienced resident-to-resident abuse in nursing homes, you are not alone. This behavior is unacceptable, and you have rights under nursing home law. 

Types of Resident-To-Resident Incidents

Different types of abuse can occur in nursing homes. Common forms are discussed below to help you understand if you or your loved one has been the victim of nursing home abuse. 

Physical Abuse

One of the most common types of abuse in nursing homes is physical abuse. Residents can be the victim of physical abuse and acts of violence. It can include:

• Hitting
• Slapping
• Biting
• Physically restraining
• Shoving
• Scratching 

Any forceful physical contact between residents is a form of physical abuse, even if it does not leave a bruise or mark. 

Emotional Abuse

Emotional abuse can be just as damaging for nursing facility residents as physical abuse. The abuse can take various forms. 

• Threats: Verbal threats may be made against the residents or their loved ones. The person making the threat may say they will harm themselves to manipulate the resident. 
• Intimidation: Residents may intimidate other residents to achieve desired behaviors. This is a form of verbal aggression, and it is not an appropriate behavior in nursing homes. 
• Isolation: Residents may isolate others to make them feel alone. They may force them to remain in their personal space without contact with others.

Emotional abuse can lead to mental health issues, including the deterioration of a nursing home resident’s quality of life. 

Sexual Abuse

Cases of sexually transmitted diseases are on the rise in nursing homes.[2] While not all of these cases are due to sexual abuse, it can be a result of sexual misconduct between residents. 

Sexual abuse in nursing homes can be categorized as unwanted sexual contact. It can include the following behaviors:

• Fondling
• Groping
• Rape
• Sexual exposure
• Verbal sexual comments
• Voyeurism 

Unwanted and nonconsensual sexual contact between nursing facility residents is a form of sexual abuse. It should not be tolerated at assisted living facilities between residents and can result in charges being filed.   

Financial Exploitation

Financial abuse and exploitation is when one resident takes advantage of another resident financially. It can look different and may include the following behaviors.

• Credit Card Theft: Residents may steal another’s cards to make unauthorized purchases.
• Bank Account Fraud: An individual may unlawfully obtain access to another resident’s bank account to access the funds.
• Check Fraud: Residents may steal checks or force a resident to make out a check fraudulently.
• Financial Intimidation: Some residents may intimidate others into giving them money or other financial resources. They may even force them to sign over property or add it to their wills. 
• Sell Personal Effects: If a resident sells or takes another’s personal effects for financial gain, this is financial abuse. 

Financial abuse can lead to devastating financial problems. Sometimes, they may extend past a resident’s life, and the legal guardians or estate may need to step in to handle them appropriately.

Factors Contributing to Abuse of Nursing Home Residents

Nursing home residents are among the most vulnerable, making them easier to take advantage of than other populations. This also includes among their peers, and several risk factors can contribute to resident-to-resident abuse in nursing homes. 

Cognitive Impairments

Cognitive impairment can impact instances of resident-to-resident abuse in nursing homes. A resident may not have a sound mind and body. This makes them an easy target. 

Some patients may have dementia, Alzheimer’s disease, and other mental health issues that may make them confused or disoriented. It impacts their quality of life. These same mental health issues can cause the other person to behave in a manner they would not typically behave in. 

It may cause aggressive behavior, leading to them abusing other residents. They may even cause physical injury. When they come out of the haze, they are often remorseful of their abusive behavior. It may be controlled by adjustments in medication if shared with medical professionals. 

Emotional Distress

Nursing homes are often a last resort for many residents who need constant medical care and supervision. This can make them feel lonely, frustrated, and isolated. These feelings of extreme emotional distress can cause residents to act out in aggressive manners. 

They may want another person to feel as bad as they do. Perhaps they have lost control of their feelings and are lashing out at others. The resident may need to express their feelings to help them feel better about themselves. 

Regardless of their motivation, individuals can cause emotional distress to other residents. This can cause severe psychological damage. 

Inadequate Staffing

Nursing homes also play a part in resident-to-resident abuse. If they are understaffed or the staff is not adequately trained, their team cannot prevent or manage resident-to-resident abuse effectively. Staff intervention is often necessary in these situations.

The Centers for Medicare and Medicaid Services (CMS) recently released federally mandated standards for nursing home staffing. 

• 3.48 hours per resident per day
• 0.55 hours with a registered nurse
• 2.45 with a direct nurse aide care 
• Registered nurse on site 24/7 to provide skilled nursing care as needed [3]

Failure to adhere to these standards can lead to delinquencies on nursing home reports and a loss of status and funding with repeat violations. Even with the fear of consequences, not all nursing homes are fully staffed due to high turnover. 

Lack of Supervision

With a constant influx of new staff or a lack of proper staffing, it can be challenging to supervise residents to prevent abuse properly. Supervision may be lacking in:

• Common areas: Where large groups of residents gather, supervising and preventing abuse can be difficult.
• Rooms: Residents may be abusive to their roommates or visitors in their rooms.
• Dining Areas: Meal times are another frequent time when it may be challenging to supervise residents. 

Nursing homes must provide adequate supervision to prevent and address aggressive behavior and prevent it from happening again. The staff should also be trained in conflict resolution to help de-escalate situations and file incident reports when they witness resident-to-resident abuse.

Legal Implications of Resident-to-Resident Abuse

There are legal implications for resident-to-resident incidents in nursing homes. They include the following. A nursing home lawyer can help you understand and navigate your rights. 

Nursing Home Liability

Nursing homes can be liable for failing to prevent or address resident-to-resident incidents. The victim must be able to prove that the home created an environment that made the abuse possible. This could be because of a lack of supervision, not taking complaints seriously, understaffing, or other factors.  

Victims can seek damages against the nursing home for their physical harm, emotional abuse, pain and suffering, and more. 

Resident Rights

When individuals enter a nursing home, they expect certain rights as outlined by the CMS. [4] They include the right to be:

• Protected from Abuse: Residents should feel safe in the nursing home and be free from abuse, neglect, and discrimination.
• Receive Appropriate Care: Nursing home residents should receive medical care, mental health treatments, and physical activity as needed. They should have access to all medications promptly. 
• Treated with Respect: Medical professionals and other Residents should treat residents with respect and dignity.  
• Make Complaints: Residents who feel their rights are being infringed upon are free to make a complaint without fear of retaliation. 

If you believe that your nursing home rights have been violated, you deserve to seek justice. All nursing home residents are entitled to living conditions free from physical or psychological distress. 

Criminal Charges

Depending on the type of abuse, nursing home residents may choose to file criminal charges against residents who engage in abusive behavior. A lawyer can help you navigate your legal rights and guide you through the process. 

Prevention and Intervention Strategies

Nursing home staff and patients can prevent abuse. Intervention strategies can help address resident-to-resident incidents at the moment and prevent them from happening again. 

Staff Training

The staff can be the first line of defense when protecting this vulnerable population from abuse. They should look out for the following behaviors or signs of abuse:

• Bruises
• Broken bones
• Cuts
• Yelling
• Threatening gestures 
• Change in behavior
• Loss of enjoyment 
• Shy and withdrawn behavior 
• Flinching and other defensive behaviors

If a staff member experiences resident-to-resident incidents or suspects abuse, they should report it. The nursing home can investigate, including removing the resident from the harmful situation.

Resident abuse should be taken seriously and handled swiftly to prevent the abuse from continuing. 

Monitoring and Supervision

Assisted living facilities should provide adequate monitoring and supervision of their residents. This includes giving staffing in common areas, within rooms, and other places where abuse may occur. 

If they provide inadequate supervision for any reason, they could be liable for any abuse within the assisted living facilities. 

Behavioral Interventions

Nursing homes can provide behavioral interventions for residents who are exhibiting aggressive behavior. This can include:

• Behavioral Assessment: The resident can undergo an assessment to see what interventions may be necessary.
• Therapy: Residents can see a mental health professional to help unpack the reasons for their abusive behaviors.
• Medication: Sometimes, an adjustment in medicine or the addition of a new medicine can address aggressive and abusive behaviors.

The specific behavioral interventions will depend on the resident. Treatment plans are not one size fits all. If the resident continues to be abusive to others, they may need to seek alternative arrangements for the good of the other residents. 

Why You Need a Nursing Home Abuse Lawyer

A care home lawyer can help protect the rights of residents. They can also address resident-to-resident incidents and abuse and hold all parties accountable for the part they played in the abuse. Here’s how. 

Legal Representation

A lawyer can help nursing facility residents and their families file complaints or lawsuits. They are well-versed in the law. They understand the nuances to help you seek justice and recover compensation for the abuse you faced at the hands of other residents. 

Advocacy

Care lawyers are your voice in the legal system. They serve as your advocate, and they fight tirelessly for your rights. They hear your complaints and ensure your needs are met with the case outcome. It’s not just about receiving compensation. It is about ensuring the abuse never happens to another resident. 

Investigating Allegations

A nursing home lawyer can help investigate allegations of resident-to-resident abuse. They review your evidence and begin their own investigation. They can obtain medical records, nursing home reports, video footage, and other evidence that can help build a strong case. 

Lawyers have access to more resources and know the type of evidence that will build the most robust case. 

Secure Expert Legal Representation 

Nursing home abuse is never okay. Staff-to-resident and resident-to-resident abuse is a violation of your rights, and you deserve justice. Nursing Home Law Center can help.

Our nursing home abuse attorneys offer legal advice with a free consultation. Our goal is to ensure our clients get the best representation to hold assisted living facilities and nursing homes accountable for the abuse they allow to happen.

Contact us today at (800) 926-7565 or by filling out the form on our website. The initial consultation is free, and you have nothing to worry about if you do not want to continue.

Elder abuse is serious, and you and your family members can help hold all parties accountable and bring about meaningful change in nursing home care.

References:  [1] National Institutes of Health, [2] People, [3] Centers for Medicare and Medicaid Services, [4] CMS