By Stephen M. Garcia
Attorney-at-Law
Garcia, Artigliere & Schadrack

When 81-year-old William Leo McDougall was charged with one felony count of murder after beating his 94-year-old roommate over the head with a metal clothing rod, the case helped to expose a growing epidemic of resident-on-resident violence in nursing homes.

Far more typical of the violence that occurs in nursing homes are the cases of Alice Williams, 89, who was killed when another resident at her nursing home slammed her head against a wall, and 84 year-old Dorothy Papero, who was crushed by another patient and died two days later of internal injuries. Neither of their attackers have been charged in their deaths.

In spite of under acknowledgement and a shocking lack of official reporting or legal action taken against violent attackers, resident-on-resident violence often has tragic and catastrophic consequences for nursing home residents.

In the case of McDougall and his roommate, news reports suggest that he became angered with his roommate for singing in Vietnamese while the two were each recovering from hip surgeries. McDougall was seen by a nurse, who was approaching their room, hitting his roommate, Manh Van Nguyen, multiple times in the head.

Although the charges come with a maximum sentence of 25 years to life in state prison, there is little that could console a grieving family in such a case.
Federal regulations require that each patient is to undergo a comprehensive assessment of their functional, mental and behavioral characteristics when they enter a nursing home. Among the behaviors assessed is a resident’s tendency for violence. Staff are supposed to include interventions and safeguards in the resident’s daily life plan.

The problem arises when staff is not trained to implement interventions or to note symptoms of impending violence. The situation is further exacerbated when facilities are run with not enough staff for the number of residents or medical conditions they have to deal with.

The best way caregivers can protect their loved ones from the possibility of a violent attack, is for you to visit frequently. Watching, listening, and getting to know other residents will give you a sense of any resident that tends to erupt violently.

If you see or hear anything that disturbs you, you will want to speak to staff about how they are protecting other residents from another resident who has episodes of violence. If the situation escalates, or if you don’t see the staff protecting residents, talk to the nursing home’s director of nursing or someone else in top management.

A few actions you might take include:

  • Discuss what the nursing home will do to protect the resident in case they are in immediate danger of becoming the victim of a violent outburst.
  • Collaborate with the nursing home’s Interdisciplinary Team to ensure your loved one is not left alone or unprotected from violent residents.
  • Offer to bring someone in from the Alzheimer’s Association or other organization to train staff about how to work with residents who may be suffering from aggression tied to Alzheimer’s or dementia.
  • Suggest that certain types of therapy, such as physical exercise and music therapy, be employed with all residents.
  • Contact your local ombudsman to learn about localized ways to help protect your loved one from resident on resident abuse.
  • Let the nursing home know that if your loved one suffers any violence at the hands of anyone at the nursing home, you will call the police and the state agency that monitors nursing homes.

A nursing home that permits violence against any resident for any reason is participating in elder abuse. For a free, no-obligation consultation, contact the elder abuse attorneys at Garcia, Artigliere & Schadrack.