NO RECOVERY NO FEE Free Case Review
San Bernardino Lawyers Handling Claims of Physical Abuse of the Elderly
Tough representation from San Bernardino elder physical abuse attorneys when loved ones are physically punished, hurt, or restrained by caretakers
There’s never any excuse for physically harming a senior. Sadly, many nursing homes, assisted living facilities, and other types of caretakers haven’t gotten that message. All too often, seniors are physically abused as a form of control, to punish the senior, or because a member of a caretaker staff doesn’t have the patience and training to work with seniors who may have physical, emotional, or cognitive challenges. At Garcia & Artigliere, our San Bernardino elder physical abuse lawyers demand justice for your loved one who is punched, restrained, or physically harmed in any way. We have an impressive record of settlements and verdicts on behalf of seniors who have been abused or neglected.
NO RECOVERY NO FEE Free Case Review
How can our San Bernardino physical abuse lawyers help?
- What is physical abuse?
- What are the signs an elderly person is being physically abused in San Bernardino?
- What are the causes of elder abuse in San Bernardino?
- What injuries does physical abuse of the elderly cause in San Bernardino?
- Who is responsible for the physical abuse of the elderly in San Bernardino?
- What is the value of a physical abuse of the elderly claim in California?
- When does a San Bernardino elder physical abuse claim need to be filed?
- Do you have a San Bernardino elder physical abuse lawyer near me?
What is physical abuse?
The US Centers for Disease Control and Prevention (CDC) defines physical abuse of the elderly as happening when a senior “experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force.” Examples include slapping, pushing, hitting, kicking, and burning. The use of chemical or physical restraints is also considered physical abuse unless the restraints are medically authorized.
Physical abuse also includes sexual acts without the consent of the senior.
Caretakers in San Bernardino often use physical abuse to control, pressure, or punish the elderly; especially seniors who have dementia, Alzheimer’s, or other cognitive impairments.
What are the signs an elderly person is being physically abused in San Bernardino?
Family members, friends, and the caretaker staff members themselves should look for the following indications a loved one is being physically abused in San Bernardino:
- Fractures, bleeding, cuts, bruises, and any complaints of pain
- Changes in personality or mood
- Untreated infections or illnesses
- Fear of other people
- Withdrawal from other people
- Changes in sleeping patterns
- Depression and anxiety
- Weight gain or weight loss
- ER care
- Sudden death
What are the causes of elder abuse in San Bernardino?
At Garcia & Artigliere, our San Bernardino elder physical abuse attorneys have been fighting for abused seniors since 1993. We are skilled at showing how abuse happens and why it is preventable.
Some reasons that a person commits the abuse include having a substance abuse problem or being antisocial. A common reason is that the abuser doesn’t have the credentials, education, or experience to work with seniors who have physical, cognitive, or emotional disorders.
It’s not just the abuser who can be found liable. In most cases of physical abuse, the assisted living facility or other caretaker failed to:
- Have the proper staffing levels
- Educate and train the staff members
- Have an individualized care plan for each resident or patient
- Have written policies and procedures for preventing, reporting, and responding to physical abuse
- Conduct background checks
- Discipline or fire abusers
- Contact the police, a long-term care ombudsman, or local adult protective services
- Provide prompt medical care
What injuries does physical abuse of the elderly cause in San Bernardino?
Most seniors are already in poor physical health. Many seniors (60 and older) have arthritis, difficulties with balance, difficulty hearing, back problems, and poor sight. Seniors generally require much more time to heal after a physical assault.
Physical abuse is a serious problem that must be addressed. Common injuries from physical abuse include broken bones, burns, head trauma, spinal cord damage, and internal bleeding. Some seniors may suffer breathing disorders and strokes. Seniors who don’t receive their medications may die or suffer the problems their medications were supposed to treat or prevent. Physical abuse is usually accompanied by a great amount of emotional suffering.
Who is responsible for the physical abuse of the elderly in San Bernardino?
If a staff member, a visitor, or anyone with access to the nursing home commits physical abuse, they may face criminal charges. At Garcia & Artigliere, our San Bernardino elder abuse attorneys coordinate your loved one’s claim against the abuser with any criminal charges.
We regularly file personal injury complaints against long-term care facilities and/or caretakers for failing to prevent the abuse or respond properly.
Caretakers may be liable for the physical abuse of your loved one if they didn’t:
- Conduct background checks on new hires and regularly thereafter
- Implement written policies and procedures
- Comply with federal and California laws and caretaker best practices
- Monitor and respond to any complaint that a senior is being physically abused
- Alternate the staff so different caretakers take care of your loved one
- Have a physical abuse reporting system and failed to investigate the report
- Discipline or terminate a physical abuser
San Bernardino caretakers may be vicariously liable for the misconduct of their employees.
What is the value of a physical abuse of the elderly claim in California?
Our elder abuse attorneys demand compensation for each senior’s:
- Medical expenses for emergency room care, surgeries, doctor visits, physical therapy, psychological therapy, assistive devices, medications, and all other medical costs
- Daily physical pain and emotional suffering
- Loss of bodily function
- Loss of quality of life
- Any scarring or disfigurement
Our lawyers file wrongful death actions on behalf of families when a loved one dies due to physical abuse that should have been prevented. Wrongful death damages include the burial and funeral expenses, any financial damages including the loss of an inheritance, and the personal damages of the family members, such as the loss of emotional support and love your relative would have provided the family members.
We also seek punitive damages when the abuse is unconscionable.
At Garcia & Artigliere, our San Bernardino physical abuse lawyers obtained more than $50 million in settlements, arbitration awards, and verdicts for our clients in California in 2022. We work with each senior’s medical team to verify what injuries the elderly person has, the medical care that is required, and how the physical and emotional injuries are devastating your loved one.
When does a San Bernardino elder physical abuse claim need to be filed?
Personal injury and wrongful death claims must be filed in California within two years from the date of the physical abuse.
Don’t wait. The faster you contact us, the sooner we can explain the senior’s rights, speak with witnesses, help your family member obtain essential medical care, contact law enforcement, contact the local ombudsman, stop the abuse from continuing, and arrange to move your loved one to a different caretaker facility if necessary.
Do you have a San Bernardino elder physical abuse lawyer near me?
At, Garcia & Artigliere, our elder abuse and neglect lawyers are relentless fighters for seniors who are physically abused. We represent senior physical abuse victims across California. We’ll help your loved one see doctors who can explain just how harmful and life-changing the physical abuse is. Our lawyers will answer all your questions and prepare you and your loved ones for each phase of the claims process.
Speak with a San Bernardino elder physical abuse lawyer today
At Garcia & Artigliere, our San Bernardino elder physical abuse lawyers have obtained more than $3 billion for our clients. We are skilled at holding long-term care facilities, at-home agencies, and other types of caretakers for failing to prevent abuse of seniors. We work with assisted living professionals, elder care doctors, and other professionals to show that the physical abuse of your loved one was preventable and every way the physical abuse has damaged your loved one physically and emotionally.
To schedule a free, confidential consultation with one of our experienced San Bernadino elder physical abuse lawyers, call or contact our offices. Garcia & Artigliere has offices in Long Beach and Los Angeles and serve clients throughout California.
Se Habla Español.