An assault is any action that causes intentional physical harm, including sexual assault. Nursing home staff members who assault residents are taking advantage of their roles and physically dominating residents who are weak, ill, and are physically incapable of resisting or fighting back.

• Assault may also include rough handling of residents and doesn't have to leave physical marks to be considered abuse.
• Many times instances of assault are coupled with emotional and mental abuse.
• A worker may withhold food or water, medication, or medical treatment to intimidate the resident.

This type of behavior is intolerable and demeaning.

Signs of assault

There may be bruises, cuts, scrapes, burns, fractures, and other physical injuries. If your loved one seems to be covering areas on their body, appears uncomfortable around certain staff members, or refuses to see visitors, they may be hiding indications of abuse.

Why does it happen

Why would anyone want to harm elderly residents? While it is difficult to imagine the motivation behind such acts, often it is workers who:

• Have not undergone adequate training
• Do not have experience working with the elderly
• Have a hidden history of violence
• Are overworked or underpaid

Administrators who knowingly hire unqualified staff members can be held responsible when assault or negligence injures a resident.

If you suspect a loved one may be the victim of assault in a nursing home, talk to a skilled Chicago attorney right away. Your loved one may be entitled to collect damages for assault. The Illinois Nursing Home Care Act makes nursing homes responsible for the intentional misconduct of its employees.

Resident on resident assaults

One of the primary reasons that family members consider placement of a loved one in a nursing home is to assure their safety. While families must always be vigilant of the potential for abuse at the hands of nursing home staff members, one frequently overlooked area of concern is the potential for a family member to suffer injury at the hands of other nursing home residents.

This was highlighted in a recent series of articles in the Chicago Sun Times showing the large numbers of registered sex offenders who reside in nursing homes.

Reasons for admission

Virtually all residents of nursing homes have been admitted because they have conditions which render them incapable of living independently in the community, or with the assistance of their families. For some nursing homes residents, the condition that prompted their admission is mental illness, and in most instances, the resident does not have accompanying physical disabilities. Nonetheless, they become part of a patient mix which frequently includes highly debilitated residents. When a mentally ill resident acts aggressively towards a highly debilitated one, serious injury frequently results.

Other times, residents will act aggressively towards one another as a result of confusion, agitation, dementia, or mis-medication.

The staff obligations

The staff of the nursing home has an obligation to protect all the residents and to anticipate and intervene in situations which have potential to escalate into violence. Federal regulations require that the nursing home have on hand staff to meet the care needs of its residents on a 24/7 basis.

If the nursing home does not have enough staff to prevent the residents from doing harm to one another, then the only acceptable solution is to increase staffing levels.

Reporting incidents

When a resident-on-resident assault occurs, reporting to the Illinois Department of Public Health and local law enforcement agencies is required.

Checking with these agencies can provide some information as to the history of the facility for this kind of violence. These reports are also a rich source of information regarding the incident itself.

Another source of information for frequency of this kind of incident is the number of workers' compensation claims filed by members of the staff after being assaulted by residents. A history of assaults by residents on staff members or on other residents should put management on notice of a problem and the need for remedial action.

No recovery, no fee.

Talk to an experienced Illinois nursing home abuse attorney for full investigation resources and information. Call or email us to schedule your free initial consultation.

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- Practice Area - Nursing Home Abuse Accidents Wrongful Death Severe Injuries Work Related Injuries Medical Malpractice Product Liability Message