Families trust nursing homes to provide safe care for loved ones who may no longer be able to live independently. When a resident is physically harmed by a caregiver, employee, another resident, or someone else in the facility, that trust can be shattered.
Nursing home physical abuse can take many forms. Some injuries are obvious. Others may be harder to recognize, especially when a resident has difficulty communicating what happened.
Not every bruise, fall, or injury means abuse occurred. Older adults may bruise easily and can be more vulnerable to injury. However, unexplained injuries or sudden changes in behavior deserve attention.
Knowing the warning signs can help families recognize when something may be wrong.
What Is Physical Abuse in a Nursing Home?
Physical abuse involves intentionally using force that causes pain, injury, impairment, or distress.
It can include hitting, slapping, kicking, pushing, shaking, pinching, burning, or roughly grabbing a resident. It may also involve improper restraints or the use of physical force as punishment.
Abuse can occur during routine care. A resident may be handled roughly while being moved, dressed, bathed, or helped into bed.
Residents of Medicare and Medicaid-certified nursing homes have the right to be free from abuse, neglect, exploitation, and mistreatment.
Who Can Physically Abuse a Nursing Home Resident?
Physical abuse does not always involve the person assigned to care for the resident.
The person responsible may be a nurse, nursing assistant, other employee, temporary worker, visitor, or even another resident.
Nursing homes also have a responsibility to respond when one resident poses a known danger to others. If a facility is aware of aggressive behavior, it may need to take reasonable steps to protect other residents.
What Are the Warning Signs of Physical Abuse?
Some signs of physical abuse are visible. Others may be easier to overlook.
Possible warning signs include:
- Unexplained bruises, cuts, burns, or welts
- Sprains, fractures, or head injuries
- Injuries in different stages of healing
- Repeated unexplained injuries
- Marks that may suggest improper restraint
- Sudden or unexplained complaints of pain
The explanation for an injury can also matter.
Families may have reason to ask more questions if staff members give conflicting explanations or cannot explain how an injury happened.
Can Changes in Behavior Be a Warning Sign?
Yes. Physical abuse does not always leave an obvious injury.
A resident may suddenly become fearful, withdrawn, anxious, or unusually quiet. They may flinch when someone approaches, refuse care from a particular employee, or seem afraid to speak when staff members are present.
Some behavioral changes can have medical causes. Dementia, medications, infections, and other health conditions can also affect behavior.
Even so, a sudden unexplained change should not automatically be dismissed.
What About Improper Restraints?
Physical restraints limit a resident’s ability to move freely.
Federal nursing home rules protect residents from restraints used for discipline or convenience when they are not needed to treat a medical condition.
Restraints are not limited to straps or belts. Families should ask questions if something appears to be used mainly to keep a resident from moving rather than for an appropriate medical reason.
Improper restraint can cause both physical and emotional harm.
Is Neglect the Same as Physical Abuse?
No. Physical abuse and neglect are related concerns, but they are not the same thing.
Physical abuse generally involves an intentional act that causes or risks physical harm.
Neglect usually involves a failure to provide necessary care or protection. That can include failing to provide food, water, hygiene, medical care, supervision, or needed assistance.
A resident may experience both abuse and neglect, but one does not automatically mean the other occurred.
What Should You Do If You Suspect Physical Abuse?
If your loved one appears to be in immediate danger or has suffered a serious injury, call 911 or seek emergency medical care.
If there is no immediate emergency, ask the facility what happened. Find out when the injury was discovered, who was present, and whether an incident report was completed.
It is also important to document what you observe. Photographs of visible injuries, notes about conversations with staff, medical records, dates, times, and changes in behavior may all become important later.
If your loved one tells you what happened, try to record their words as accurately as possible.
How Can You Report Nursing Home Abuse?
Families do not have to rely only on the nursing home to investigate concerns.
Reporting Nursing Home Abuse in Ohio
Concerns involving an Ohio nursing home may be reported to the Ohio Department of Health Bureau of Survey and Certification.
Ohio also allows complaints to be filed anonymously. However, doing so may limit the state’s ability to ask follow-up questions or provide information about the investigation.
Families can also contact the Ohio Long-Term Care Ombudsman Program for help with concerns involving a resident’s care, safety, welfare, or rights.
Reporting Nursing Home Abuse in Michigan
In Michigan, nursing home complaints may be submitted to the Michigan Department of Licensing and Regulatory Affairs Bureau of Survey and Certification.
Complaints can be filed online or through Michigan’s complaint hotline at 1-800-882-6006.
Families can also contact the Michigan Long Term Care Ombudsman Program for assistance with nursing home care concerns and residents’ rights.
Reporting suspected abuse to a government agency is separate from pursuing a legal claim.
What If Another Resident Caused the Injury?
Another resident may be responsible for the immediate injury, but that does not always end the inquiry.
Some nursing home residents may have dementia, confusion, behavioral problems, or a history of aggression. The important question may be whether the facility knew or should have known that a resident posed a risk to others.
It may also matter whether the nursing home took reasonable steps to prevent another incident.
Prior incidents, behavioral assessments, care plans, and supervision can all become important when determining what happened.
Does Physical Abuse in a Nursing Home Create a Legal Case?
It can, but every situation is different.
A legal investigation may look at how the injury happened, who was involved, what the facility knew, and whether reasonable steps were taken to protect the resident.
Medical records, incident reports, photographs, care plans, witness statements, staffing information, and prior complaints may help show what occurred.
The nature of the resident’s injuries and resulting harm also matter.
What Should Families Do Next?
If you suspect that a loved one has been physically abused in a nursing home, protecting the resident should come first.
Seek medical attention when necessary. Report immediate danger to law enforcement. Document what you know and consider reporting the concern to the appropriate state agency.
You may also want to speak with an attorney if your loved one suffered an injury.
For a free consultation, contact Gallon, Takacs & Boissoneault at 419-843-6663.
Serving clients throughout Northwest Ohio and Southeast Michigan.
Michael Bell, is Partner and Personal Injury Attorney at GT&B since 2007. His entire career has been committed to protecting the rights of those injured through no fault of their own. Mike concentrates his practice in the areas of car wrecks, trucking accidents, medical negligence, wrongful death, birth injuries, defective products, nursing home abuse & neglect, dog bites, construction accidents and slip & falls.
