What are Physical Abuse & Assault?
Assault is the intentional act of making someone fear that you will cause them harm. You do not have to actually harm them to commit assault. Threatening them verbally or pretending to hit them are both examples of assault that can occur in a nursing home. We’ve worked on dozens of cases involving assault in long-term care, including sexual assault (by staff and other residents), physical assault (by staff and other residents), and psychological/verbal assault.
Common Causes of Physical Abuse & Assault
Unfortunately, assault is common in long-term care. Overworked employees can develop “compassion fatigue” and actually start to resent the sick and vulnerable people under their care and act out aggressively instead of compassionately. We’ve worked on dozens of cases involving assault in long-term care, including sexual assault (by staff and other residents), physical assault (by staff and other residents), and psychological/verbal assault. We’ve had several cases involving “nanny cams” that showed not only that an assault occurred, but that other employees knew about it and failed to report it.
Abuse and neglect are not always obvious at first.
Warning signs may include:
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Unexplained injuries, bruises, or fractures
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Repeated falls or injuries the facility cannot clearly explain
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Pressure sores or wounds that worsen over time
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Dehydration, malnutrition, or sudden weight loss
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Poor hygiene, soiled clothing, or unchanged bedding
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Medication errors or missed doses
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Infections or untreated medical concerns
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Sudden changes in mood, behavior, or alertness
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Fearfulness around certain staff members
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Delayed, vague, or inconsistent answers from the facility
Where We Practice
We proudly represent clients throughout California. Elder abuse cases are investigated where they happened, and typically litigated in the courthouse and county where the facility operates. We have deep familiarity with the local systems throughout the state.
Pursuing the justice your loved one deserves
When a facility fails to meet its legal obligations, California law provides a meaningful framework for accountability. The Elder Abuse and Dependent Adult Civil Protection Act gives victims and their families the right to pursue:
Compensatory damages for actual costs incurred by the harm caused.
Enhanced remedies, including pre-death pain and suffering, attorney's fees, and costs of suit.
Punitive damages that are not available in standard negligence cases. That distinction matters enormously in terms of accountability and case value.