When you find a nursing home for a parent, you do so thinking they’ll be safe. However, sometimes the move doesn’t always go as well as you’d hope.
Sadly a common problem that may arise is resident on resident assaults or abuse. According to the National Center for Victims of Crime they make up 22% of all abuse cases in nursing homes, and it’s expected that many more are left unreported.
The abuse can be physical, sexual, emotional, material, or verbal. It may be a one-off assault or ongoing abuse.
The injury attorneys at Phoenix Accident and Injury Law Firm near you have significant experience in helping clients who have been a nursing home abuse victim, including from resident assault. Our offices are conveniently located in nearby Chandler, Peoria, and North Phoenix, and we can meet in-person at our nearby offices, over the phone, or video call. You can contact us for a free consultation, or read on to find out more.
By the way, we will also help with other problems that have cost you sleep, like finding a nearby doctor who can help you or recommending you to temporary or long-term care options. You and your family’s’ safety and health are our top concern, and even the best legal team isn’t good enough if your quality of life isn’t sustainable while justice and compensation are on the way. The whole point of legal action is to regain quality of life, so we help you long-term as attorneys and short-term as your go-to people. Our familiarity with the local Phoenix courts makes us confident that we can help you get the best settlement possible.
To figure out how the nursing home you have chosen for your family is rated and to see if the home has any prior violations, check out our nursing home index. We’ve compiled all of the nursing homes in Arizona as well as their health code reports.
Additionally, take a look at our Nursing Home Glossary– an index of important words you need to know in a nursing home abuse case and their definitions.
If you are unsure whether or not you can afford an attorney, don’t worry. We only get paid when you settle. Check out our Attorney Fees Calculator to find out more.
This article will help explain what causes resident assault and what nursing homes must do to manage it.
What causes resident on resident assaults?
There have been multiple studies into resident assault and abuse. Although the causes will vary in each situation, common contributors include:
- Patients in pain
- Patients with mental illness (Schizophrenia, depression, bipolar, etc.).
- Certain medications
- Post-Traumatic Stress Disorder
- Substance abuse
Often, the victims will have cognitive difficulties or be vulnerable in other ways. The victim may not always recognize it as abuse or is unable to communicate there’s a problem.
There can be many other contributing factors too. Including:
- A resident feeling their space is being invaded, or the stress of feeling confined.
- Racial conflicts
- Previous conflicts or disputes
- A one-off argument that leads to violence
- The overall environment) too much noise, crowding, sudden noises, other resident’s behavior, overstimulation).
Nursing Home Contributing Factors
Another reason for abusive/aggressive behavior is the failures of the nursing home. The home should have adequate measures in place to prevent such resident assaults. These should include:
- Care plans: Each patient must have a care plan designed to meet their individual needs. This is vital to all patients but it’s especially important to patients with dementia. Dementia patients need routine and they may be prone to violence or anger if it’s disrupted.
- Failure to act on warning signs: There may have been early signs there was a problem between two patients. The resident may have had minor conflicts or shown controlling behavior towards another resident.
- Poor training: Nursing homes must equip staff to manage or recognize resident on resident assaults/abuse and to control the situation when a resident is at risk of assaulting someone.
- Low staffing: Low staff levels can mean poorer care. And limited staff capacity means staff are less able to monitor and protect vulnerable patients.Federal law sets staffing levels for Medicare and Medicare levels.
In nursing homes, a licensed nurse must always be on duty, while a registered nurse should be there a minimum of 8 hours a day, for seven days a week. Aside from this, Arizona doesn’t set out the standards required for nursing ratios.
Preventing resident assaults in nursing homes
Nursing home staff should have plans in place to manage incidents and to prevent them. These plans should include:
Care Plans/Medication Review
The first step is a review of the care plan and medication. For example, psychotropic drugs can cause patients to become violent, meaning the resident may be more likely to attack another.
Nursing homes should also review care plans regularly to ensure each resident’s care needs are met. Frustration at unmet medical or emotional needs can be a major trigger in some patients.
There are many triggers for violent attacks or abusive behavior and it’s vital staff are properly trained to identify and understand individual triggers and manage them.
Overstimulation like violent TV shows can contribute to a resident assault. Nursing homes must manage the content residents watch.
Analyze the situation
Nursing homes can use their records to spot patterns. When they see patterns they should act. This may mean changing the environment to avoid overstimulation, or sitting the resident in quieter, less crowded areas of the room.
If the resident has specific needs the nursing home should ensure they’re met. For instance, with dementia patients, routine is critical and they may be better with familiar faces, rather than too many changes in staff.
KHCA.org has many more tips for managing and preventing resident assaults/abuse.
Prior to accepting a resident, the nursing home should carry out background checks for a history of abusive or violent behavior so they can put a plan in place to manage it.
Keeping Dangerous Objects Out of Reach of Patients
Store objects that could be used to assault another resident safely to prevent them from being used in a resident assault.
Use Aversion Techniques
This may involve distracting a resident if they are showing signs of abusive behavior or violence. Changing seating arrangements may help. Or walk with the resident to calm them down.
Resident on resident sexual abuse in nursing homes
Sexual abuse doesn’t just mean physical contact. Sexual abuse also means being forced to:
- Watch pornographic content
- Witness sexual acts
- Take images
Most victims are female and vulnerable or frail in some way. Sometimes, the perpetrators of the abuse will have dementia, which may drive their sexual urges.
What should nursing homes do to prevent sexual abuse?
A nursing home should have preventative measures in place. Further, they should report the incident/s to:
- Law enforcement
- The State Survey Agency
- Any other relevant state officials
In an article in the Journal of Gerontological Nursing, Professor Sandra P Hirst details the steps the nursing homes should implement to prevent and stop the abuse. They are:
- Educate staff: Homes must train staff to recognize resident on resident abuse/assaults, When it occurs, they must act on the nursing home guidelines.
- Draw up guidelines: Each nursing home should have established guidelines in place for managing resident-on-resident abuse.
- Keep records: For the purposes of reporting, managing, and preventing abuse.
- Deliver a person-centered approach: This means nursing homes should have a plan designed to meet the individual needs of the residents.
- Assess potential triggers: As detailed earlier in this article, there are many factors that can trigger resident on resident abuse.
Resident on resident abuse FAQs
How do I identify resident on resident abuse?
Assaults or abuse don’t always happen in front of other people. For many victims the abuse will be hidden and the resident will be reluctant or unable to talk about it. However, there are indications you can look out for.
One of the most common signs is a change in your relative’s behavior. They may become withdrawn, depressed, and seem anxious. They may also have lost weight because of a poor appetite. Another thing you might notice is lost possessions or money.
There are also physical signs, like bruises, cuts, and scratches. In cases of sexual abuse, they may have STDs.
What should I do if I suspect a relative is being abused?
Tell the staff, administrator or manager. They should investigate and get back to you. If they find there is a problem, they should put a plan in place to prevent future issues, or review their current plans.
Contact State Regulators
If you’re not satisfied with the outcome, there are a few state agencies you can contact. The Arizona Department of Health Services Division of Licensing is responsible for care home licensing in the state. You’ll find a complaint form here.
You could also file a complaint with Adult Protective Services (APS). This is the agency responsible for preventing vulnerable adults. You can file a report online, or call (877)-SOS-ADULT or (877)-767-2385, or (877)-815-8390 (TDD calls).
When you file a complaint, they will assess it to see if it meets the criteria for abuse/neglect and they’ll send it on to a local APS office for investigation.
Alternatively, you can call the Department of Health Services at (602) 364-2536.
If the nursing home doesn’t satisfactorily respond to your concerns, seek legal advice. A lawyer can help by:
- Investigating whether the nursing home followed procedures and carried out checks.
- Seeing the nursing home held an adequate investigation into previous allegations
- Requesting documents from the nursing home
- Creating a sturdy case against the nursing home
- Filing court documents
- Issuing Letters before action to the defendant/s
Contact the Phoenix Accident and Injury Law Firm
When you help your parent choose a nursing home, you do so expecting the environment to be safe for them. Sadly, this won’t always happen and resident on resident abuse can occur.
The effects of resident on resident abuse are not just physical. It will also have a psychological impact. The victim is likely to feel stressed and anxious, and they feel unsafe in their environment. Ultimately, this may mean the patient has to move, which brings additional anguish and distress.
If a relative of yours is the victim of a resident on resident attack or abuse, it’s vital you understand your legal rights and the obligations of the nursing home.
While compensation cannot undo the effects of the resident assault or abuse, a legal case can have other positive effects. This may include the home being forced to put preventative measures in place to prevent similar attacks. Or helping to facilitate a relocation to alternative nursing accommodation.
Our team of abuse attorneys is dedicated to seeking damages on behalf of those family members who are being abused and help you find better accommodations for them in the nearby area. We’ve worked on a number of nursing home abuse cases previously in your area and take the time to understand the family’s concerns as well as the situation they believe their loved one is in.
At Phoenix Accident and Injury Law Firm near you, we have more than 15 years of experience helping clients obtain compensation for their and their loved one’s personal injuries, including those from resident assault in the Phoenix area. When you’re ready to talk, please contact our office to arrange a free initial consultation by phone or at our Chandler office, conveniently located near you.
If you or a loved one has been the victim of resident assault, contact Phoenix Accident and Injury Law Firm in nearby Chandler, AZ to speak with an experienced personal injury attorney. We provide personal injury legal services to clients in your area including Chandler, Gilbert, Mesa, Scottsdale, Tempe, and Peoria.