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Long Beach Nursing Home Attorneys Handling Resident-on-Resident Abuse

Legal advocacy when your loved one is suffering from abuse in a nursing home in California

Resident-on-resident abuse is a type of elder abuse that occurs when one nursing home resident abuses another resident. This type of abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, and financial abuse. Resident-on-resident abuse can have serious consequences for both the victim and the perpetrator. Victims of resident-on-resident abuse can suffer physical injuries, emotional distress, and financial losses. Perpetrators of resident-on-resident abuse can even be charged with criminal offenses and face jail time.

If you believe your loved one is suffering from resident-on-resident abuse at their nursing home or assisted living facility, talk to the Long Beach nursing home abuse attorneys at Garcia & Artigliere as soon as possible. We can help get your loved one to safety and help hold the perpetrator accountable for their wrongdoing. With over 150 years of combined experience and $3 billion recovered for victims nationwide, we want you to know we’re the law firm you can trust.

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What is resident-on-resident abuse in a nursing home?

Resident-on-resident abuse in a nursing home refers to incidents where one resident of the facility engages in abusive behavior towards another resident. This form of elder abuse occurs within the nursing home environment and involves physical, verbal, emotional, or sexual mistreatment of one resident by another.

Resident-on-resident abuse can take various forms, including:

  • Verbal abuse. The use of offensive language, threats, or derogatory remarks to demean, intimidate, or harass another resident.
  • Physical abuse. Physical violence, such as hitting, pushing, slapping, or inappropriate restraint, perpetrated by one resident against another.
  • Emotional or psychological abuse. Inflicting emotional pain or distress on another resident through humiliation, intimidation, or other demeaning behaviors.
  • Sexual abuse. Non-consensual sexual contact or behavior imposed upon another resident against their will.

A 2016 study reported that out of 2011 residents studied, 407 experienced resident-on-resident abuse at least once in a one-month period, concluding:

R-REM [Resident-to-resident elder mistreatment] in nursing homes is highly prevalent. Verbal R-REM is most common, but physical mistreatment also occurs frequently. Because R-REM can cause injury or death, strategies are urgently needed to better understand its causes so that prevention strategies can be developed.

Resident-on-resident abuse can be challenging to identify and address within nursing homes due to the complexities of the facility's environment and any potential cognitive or behavioral issues of the residents involved.

What are the common signs of resident-on-resident abuse?

Resident-on-resident abuse is a serious problem that can have devastating consequences for both the victim and the perpetrator. It is important to be aware of the signs of resident-on-resident abuse so that you can take action to protect the victim and help hold the perpetrator accountable.

Some of the common signs of resident-on-resident abuse include:

  • Physical injuries. These can include bruises, cuts, burns, or other injuries that are not consistent with the resident's medical condition.
  • Changes in behavior. The victim may become withdrawn, anxious, or fearful. They may also refuse to participate in activities or interact with other residents.
  • Changes in appearance. The victim may become unkempt or their clothing may be torn or stained.
  • Reports of abuse. The victim may tell you or another trusted person that they are being abused.
  • Witness accounts. If you see another resident abusing a resident, you should report it immediately.

If you suspect that resident-on-resident abuse is occurring, it is important to take action. With the help of the California attorneys at Garcia & Artigliere, you can also file a lawsuit against the nursing home if they fail to protect the victim from resident-on-resident abuse.

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Why does resident-on-resident abuse happen in Long Beach nursing homes?

There are many reasons why resident-on-resident abuse happens in nursing homes and other long-term care facilities. Some of the most common factors include:

  • Mental health issues. Residents with dementia or other cognitive impairments may be more likely to lash out at others, especially if they are feeling frustrated or confused.
  • Sensory impairments. Residents who are blind or deaf may be more likely to misinterpret the actions of others, which can lead to conflict.
  • Communication barriers. Residents who speak different languages or have difficulty communicating may have trouble resolving disagreements peacefully.
  • Lack of supervision. When staff members are not adequately supervising residents, it can create opportunities for abuse to occur.
  • Culture of violence. If a nursing home has a culture of violence, residents may be more likely to believe that it is acceptable to use physical force to resolve conflicts.

It is important to note that not all resident-on-resident abuse is intentional. In some cases, it may be the result of misunderstandings or accidents. However, even unintentional abuse can have a serious impact on the victim.

If you suspect that resident-on-resident abuse is happening in a nursing home, it is important to report it to the facility's management immediately. You should also contact California’s long-term care ombudsman's office. Then, follow up with the Long Beach attorneys at Garcia & Artigliere for guidance on your next legal steps.

What is the Nursing Home Bill of Rights?

Nursing home residents in California have a variety of rights afforded to them. The 1987 Nursing Home Reform Act established the following rights for nursing home residents:

  • “The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility; and
  • The right to voice grievances without discrimination or reprisal.”

Who is liable for my California resident-on-resident abuse claim?

The liable party for a resident-on-resident abuse claim in Long Beach can vary depending on the specific circumstances of the case. However, the nursing home itself is often held liable for the actions of its residents, even if the abuse is not directly caused by staff negligence. This is because the nursing home must provide a safe environment for all of its residents, and it can be held responsible if it fails to do so.

In some cases, the resident who committed the abuse may also be held liable. This is especially likely if the abuse was intentional or if the resident has a history of violence. However, it is important to note that the nursing home may still be held liable even if the resident is found to be liable.

If you believe that your loved one has been the victim of resident-on-resident abuse, you should contact our experienced Long Beach nursing home abuse lawyers as soon as possible. Our attorneys can help you understand your legal rights and options, and they can represent you in a claim against the nursing home or the resident who committed the abuse.

Liability for resident-on-resident abuse may be affected by:

  • The severity of the abuse.
  • The relationship between the victim and the abuser.
  • The history of violence at the nursing home.
  • The nursing home's policies and procedures for preventing abuse.
  • The nursing home's response to the abuse.

If you are considering filing a claim for resident-on-resident abuse, it is important to speak with our attorneys as soon as possible. The statute of limitations for filing a claim in California is two years, so you do not want to wait too long. We can help you gather evidence, file the claim, and negotiate a settlement.

Do you have an attorney who handles resident-on-resident abuse near me?

Garcia & Artigliere has offices at 180 E. Ocean Blvd., Suite 1100, Long Beach, CA 90802.

Skilled California lawyers handling resident-on-resident abuse

Have you or a loved one experienced abuse or neglect in a nursing home facility? Your safety and well-being matter, and the dedicated team at Garcia & Artigliere is here to help. Contact us today for a free, confidential consultation. Let us fight for your rights and put an end to nursing home abuse. Call our Long Beach offices or fill out our contact form today.

We only collect attorney fees if we win your case. Our nursing home neglect lawyers also serve families throughout the U.S. from our Louisville, Los Angeles, Phoenix, and New Orleans offices. Our services are available in both English and Spanish.

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