The years after they’re able to quit working should be when our loved ones can focus on what matters to them, spend time with their family, and enjoy life. Unfortunately, caregivers who abuse their position and authority can tarnish these golden years. The World Health Organization estimates that at least one in six adults over 60 experience some form of abuse in community settings like nursing homes or long-term care facilities.
At Loew Law Group, we aggressively advocate for older adults and their families. Physical abuse has devastating consequences for older individuals and can lead to medical complications and mental distress. Our San Mateo attorneys thoroughly investigate cases of physical abuse and hold responsible individuals and entities accountable for their careless and reprehensible actions.
If you suffered physical abuse at the hands of a caregiver or you suspect an elderly loved one is experiencing physical abuse, contact our office immediately to arrange a confidential consultation. We are here to provide personalized legal advice and compassionate support during this challenging time.
What Is Elder Abuse?
Elder abuse is a broad term that refers to any intentional act or failure to act that causes harm or injury to an older adult, typically an adult over 60. Elder abuse includes physical abuse, sexual abuse, emotional abuse, financial abuse, and neglect.
Physical elder abuse is the infliction of physical pain or injury on an older adult. Most physical abuse or bodily harm occurs in nursing homes or long-term care facilities. Careless and abusive caregivers may resort to physical abuse to get residents to cooperate with instructions or in response to feeling frustrated or overwhelmed. Common examples of physical abuse include:
- Hitting
- Slapping
- Kicking
- Biting
- Pushing
- Scratching
- Use of restraints against a person’s will
- Improper use of restraints
Although abuse can happen to anyone, vulnerable individuals are particularly prone to physical abuse, especially those with mental health conditions, cognitive decline, and physical limitations.
Why Does Physical Abuse Occur?
It is almost unthinkable that someone would resort to physically abusing an older or vulnerable person. Unfortunately, it occurs more often than people realize and for various reasons. Physical abuse is not always the hallmark of a disturbed or aggressive individual. Physical abuse can be about maintaining control over an individual or asserting dominance for physical or mental gratification. Sometimes, abuse is the result of frustration or a feeling of being overwhelmed by a situation.
Why does physical abuse occur? These are some of the most common reasons that older individuals experience physical abuse at the hands of a caregiver or nursing home staff member:
- Caregivers have a known criminal history of violence or abuse
- Caregivers abuse drugs or alcohol
- Understaffing
- Staff frustration and burnout
- Improper staff training
- Poor staff management or supervision
- Underpaid staff
Physical abuse can happen to older adults when facilities do not adequately vet or train their staff, leading to the hiring of violent or inexperienced caregivers and staff. Physical abuse can also occur when staff and caregivers reach their boiling point thanks to understaffing, shortages, stress, and feeling overwhelmed by the volume of work associated with helping vulnerable residents, especially those with special needs or who require extra care.
Complicated family dynamics can also lead to physical abuse or wrongful allegations of physical abuse. As family members age, there can be confusion or animosity between relatives, especially those with caregiving duties, when no estate plan outlines an older adult’s final wishes. Those looking for financial gain may have the motivation to abuse or falsely accuse another family member of abuse.
Signs of Physical Abuse
You would think someone experiencing physical abuse would speak up about the situation and advocate for themselves. That isn’t always the case. Many abusers select victims who cannot advocate for themselves, like people suffering from cognitive decline, those with dementia, or individuals with other physical or mental health conditions. Some abusers also use tactics like fear, coercion, and threats to silence their victims, preventing them from alerting family or friends about the abuse.
You may be the only person who can support your loved one, which is why you must learn to recognize the common signs of physical abuse, including:
- Unexplained marks, bruises, or injuries
- Unexplained burns
- Signs of restraint use
- Broken bones
- Dislocations
- Numerous trips to the ER or different medical facilities to treat injuries
The physical signs of abuse may heal. Still, you cannot afford to overlook the invisible injuries caused by physical abuse. Physical abuse can also lead to changes in a person’s sleeping or eating behaviors, causing them to withdraw or become depressed or anxious. If you notice any significant changes in your loved one’s physical or mental condition, seek the advice of an experienced elder abuse litigation attorney.
Do You Need an Elder Abuse Attorney?
It isn’t easy for families to know when to ask for help. If you suspect that an older family member is being physically abused, contact an attorney for advice as soon as possible. At Loew Law Group, our San Mateo legal team has the knowledge and resources to protect your loved one and advocate for them, no matter their physical or mental situation.
Our legal team is well-versed in elder law and estate planning. We understand how to limit an older adult’s vulnerability and protect their interests. Our elder abuse and estate planning lawyers also understand how the life and finances of an older relative can cause strife and jealousy within families, leading to wrongful accusations of physical abuse.
From estate planning to elder abuse and defending the wrongfully accused, we can help you with the most common legal challenges that affect older adults and their families.
Set Up a Consultation with an Elder Abuse Attorney Today
Coping with the thought of someone physically abusing your family member can be overwhelming. At Loew Law Group, we’ll respond with compassion and personalized legal advice to help find solutions to manage your situation.
Protect what matters to you and your loved ones, and speak to an elder abuse attorney about your concerns today. We can review your situation and outline your options. Our office is in San Mateo, but we proudly serve California residents living anywhere in San Mateo County and other Bay Area locations.