Nursing Home Physical Abuse

Any type of physical pain, impairment, or injury due to neglect or maltreatment is considered physical abuse. Unfortunately, physical abuse is one of the most common kinds of abuse in long-term care facilities and can lead to life-threatening injuries or complications.  

Common types of physical abuse in nursing homes fall into three categories: 

• Active abuse
• Physical neglect
• Misuse of facility restraints 

Nursing homes that allow resident abuse may be found negligent and therefore liable for the injuries and emotional trauma the resident experienced. 

Active Abuse 

Active abuse is the type that most people associate with physical abuse. It involves one individual physically contacting another with the intent to cause hurt. Hitting, kicking, biting, pinching, or pushing are common methods of active abuse. Some nursing home residents may abuse others by biting, scratching, or using an object to hurt the victim. 

Active abuse is typically easier to observe, and the aftereffects may be readily apparent. Often, other workers or residents, or even the facility’s security cameras, may witness direct active abuse. 

Physical Neglect 

Neglect may not be intentional but instead caused by a lack of resources in the facility—either staffing, supplies or both. Residents may not receive the level of care needed and their physical health may suffer as a result.  

For example, some nursing home residents may require assistance eating or have a feeding tube, but the facility may not have enough staff members to feed each resident in a timely manner.  

Other residents may require help cleaning themselves, including cleaning after using the bathroom, but short staffing may result in residents sitting or lying in waste long enough to lead to rashes and other skin conditions. 

Nursing homes have a duty of care to maintain a sanitary environment and promptly take care of residents’ personal needs. If a nursing home facility fails to uphold its duty, it may be negligent.  

Furthermore, nursing home administrators or the managing company of these properties that allow an environment of neglect and abuse may be negligent and therefore responsible for the abuse. 

In such cases, enlisting the help of a personal injury attorney to hold these corporations accountable is the most effective way for families to receive compensation and prevent others from enduring such treatment in the future. 

Misuse of Restraints 

Restraints in nursing homes are to be used only for medical reasons and only for a short and definite period. When restraints are used for a prolonged period of time, residents can sustain injuries to their wrists or ankles. Residents may also injure themselves trying to escape the restraints. 

Misuse of restraints is against federal nursing home regulations. Not only can residents be hurt when trying to remove the restraints, but prolonged use can cause residents to lose muscle tone or bone mass and develop muscle disorders.