When elderly residents of nursing homes suffer physical abuse, they need a strong advocate who understands both the destructive impact of mistreatment and the complex legal landscape of elder care. As a dedicated nursing home abuse attorney, Susan Kang Gordon works tirelessly to hold negligent facilities and abusive staff members accountable for their actions.
We believe that every older adult deserves to live with dignity and respect, free from the threat of physical violence or abuse.
Through careful investigation, detailed documentation of injuries, and aggressive legal advocacy, we help victims and their families seek justice and fair compensation while working to prevent future abuse of vulnerable nursing home residents in our community.
The scale of nursing home abuse in California and nationwide reveals a troubling pattern. Here's what the numbers tell us:
These figures paint a clear and troubling picture: nursing home abuse is far more pervasive than most people realize, making vigilance and strong legal advocacy vital for protecting our elderly loved ones.
Understanding who commits physical abuse in nursing homes is crucial for prevention and accountability. Here are some of the potential offenders:
Nurses, aides, and other caregivers can become physical abusers due to frustration, burnout, or, in rare cases, malicious intent. These incidents frequently occur during routine care activities. Poor training, understaffing, and inadequate background checks contribute to this type of abuse.
While less common, visiting relatives or other guests sometimes commit physical abuse against nursing home residents. These incidents may stem from long-standing family conflicts, financial disputes, or mental health issues.
Patient-on-patient violence has emerged as one of the most prevalent forms of physical abuse in long-term care settings. Many facilities house residents with varying mental states, including those with behavioral issues or cognitive impairments, creating potentially volatile situations.
The following are some of the most common forms of physical abuse seen in nursing homes:
Physical assault, including hitting, slapping, and punching, often occurs when frustrated staff members lose control or deliberately inflict pain on vulnerable residents.
When transferring residents or providing hygiene care, abusive staff may handle seniors roughly by yanking their limbs, pushing them too forcefully, or dropping them.
The improper use of physical restraints goes beyond legitimate medical needs, with staff members sometimes using them for punishment or convenience. Restraints may be applied too tightly, left on too long, or used without proper authorization.
Shoving incidents generally happen when staff members rush through their duties or become impatient with residents who move slowly.
These are particularly cruel forms of abuse that can severely impact a resident's health and dignity. Some staff force-feed residents at dangerous speeds that create a choking risk, while others withhold food and water as punishment, leading to malnutrition and dehydration.
Sexual abuse in elderly care facilities includes unwanted touching, lewd or harassing remarks, sexually explicit photos or videos taken without consent, sexual assault, and rape. The most common targets are residents with cognitive impairments who can’t report the abuse.
As a friend or relative of a nursing home resident, staying alert to potential signs of physical abuse is crucial. Common indicators include:
It's recommended that you visit your loved one often and stay connected with their caregivers. If you notice any sudden changes in their appearance, mood, or demeanor, don’t hesitate to ask questions and investigate any concerns you have about their well-being.
Certain conditions may increase a resident's vulnerability to physical abuse, such as:
Residents with cognitive or memory issues may not remember abuse incidents or struggle to report them coherently, making them vulnerable targets.
The more hands-on assistance needed for daily activities like bathing and dressing, the higher the risk of rough handling or intentional abuse.
When residents can't clearly express their needs or report abuse, perpetrators may feel emboldened, knowing that complaints are unlikely.
Residents who rarely receive visitors can be easy targets, as abusers know their actions are less likely to be discovered or questioned.
Staff members may use physical force as retaliation against residents they perceive as difficult or uncooperative.
When caregivers are overwhelmed with too many residents or responsibilities, their frustration and rushed care can lead to abuse.
Staff without adequate training in elder care, dementia management, or proper transfer techniques may apply excessive force when challenged.
When physical abuse occurs in nursing homes, the facility itself often bears legal responsibility, regardless of whether the abuser was a staff member, another resident, or a visitor.
California law holds nursing homes accountable for failing to protect residents from foreseeable harm. This includes liability for inadequate security measures, poor staff screening, improper resident supervision, and failure to respond to previous abuse reports.
For example, if a nursing home hires staff without proper background checks, fails to monitor high-risk residents, or ignores complaints about rough handling during care, they can be held accountable for any resulting injuries. Similarly, if the facility knows about aggressive residents but doesn't take steps to protect others, they're liable for any attacks that occur.
For most physical abuse cases in California nursing homes, families have two years from the date of injury to file a lawsuit.
However, this timeline can vary depending on specific circumstances. For instance, if the abuse occurred as part of medical negligence, the window can shrink to just one year. If a government-run nursing facility is involved, victims must file their claims within six months.
The urgency of these deadlines makes it critical to consult a qualified attorney as soon as you suspect abuse. Waiting too long could permanently bar you from seeking justice.
California law provides strong protections for elderly victims of physical abuse. Under the Elder Abuse and Dependent Adult Civil Protection Act, targets of abuse can seek compensation for:
A skilled attorney can determine your loved one’s eligibility for these and other types of damages, ensuring that they receive comprehensive compensation for the harm they’ve been done.
If you have reason to believe that your loved one is experiencing physical abuse in a nursing home, it’s essential to act quickly.
For life-threatening situations or ongoing violence, call 911 immediately to ensure your family member's safety.
In cases of abuse in private residences, call Adult Protective Services at 1-833-401-0832. When prompted, enter your five-digit ZIP code to be connected to the appropriate county agency.
For abuse in nursing homes or assisted living facilities, contact the National Long-Term Care Ombudsman Resource Center to find your local ombudsman.
At Susan Kang Gordon, a Professional Law Corporation, we focus specifically on elder abuse cases in the San Francisco Bay Area. We’ll perform the following critical duties when you work with our firm:
Founding attorney Susan Kang Gordon is an experienced litigator and won’t hesitate to take your case to trial if needed.
As a two-time Trial Lawyer of the Year recipient from the San Francisco and Ventura County Trial Lawyers Associations (2022, 2021), Susan Kang Gordon boasts exceptional experience with nursing home abuse cases.
Unlike general practice firms, she and her team focus solely on advocating for victims of nursing home and assisted living facility abuse. As such, we possess unique insight into these cases.
We understand that resident abuse often stems from systemic problems, such as understaffing, poor training, and corporate policies that prioritize profits over safety. We dig deep to expose and rectify the institutional failures that enable abuse.
When seniors suffer from physical abuse, we take it personally. Our clients aren't just case numbers to us — they’re human beings who deserve to be treated with respect and consideration. When you work with us, you get a fierce advocate who will fight aggressively to protect your loved one.
