Elder Physical Abuse


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Bakersfield Lawyers Handling Claims of Physical Abuse of the Elderly

Tough representation from Bakersfield elder physical abuse attorneys when loved ones are physically punished, hurt, or restrained by caretakers

Causing physical harm to a senior can never be justified. Unfortunately, many nursing homes, assisted living facilities, and various caretakers don’t seem to adhere to this principle. Seniors are frequently subjected to physical abuse, often as a means of control, punishment, or due to a lack of patience and training among caretaker staff dealing with elders facing physical, emotional, or cognitive challenges. At Garcia & Artigliere, our Bakersfield elder abuse lawyers vigorously seek justice for your loved one who experiences any form of physical harm, including restraint. We boast an impressive track record of achieving settlements and verdicts on behalf of abused or neglected seniors.


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What is physical abuse?

According to the US Centers for Disease Control and Prevention (CDC), physical abuse of the elderly involves instances where a senior "experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force." This encompasses actions such as slapping, pushing, hitting, kicking, and burning. The application of chemical or physical restraints is categorized as physical abuse unless authorized for medical reasons.

Physical abuse also extends to sexual acts committed without the consent of the senior. In Bakersfield, caretakers sometimes resort to physical abuse as a means of controlling, pressuring, or punishing the elderly, particularly those with dementia, Alzheimer's, or other cognitive impairments.

What are the signs an elderly person is being physically abused in Bakersfield?

Family members, friends, and caretaker staff members should be on the lookout for the following signs indicating potential physical abuse of a loved one in Bakersfield:

  • Alterations in personality or mood
  • Apprehension towards others
  • Changes in weight, either gain or loss
  • Fractures, bleeding, cuts, bruises, and expressions of pain
  • Frequent emergency room visits
  • Manifestations of depression and anxiety
  • Social withdrawal
  • Shifts in sleeping patterns
  • Unaddressed infections or illnesses
  • Unexpected or sudden death

What are the causes of elder abuse in Bakersfield?

At Garcia & Artigliere, our Bakersfield elder physical abuse attorneys have been advocating for mistreated seniors since 1993. We excel in illustrating the dynamics of elder abuse and its preventability.

There are several reasons why individuals engage in abuse, including substance abuse problems or antisocial tendencies. A frequent factor is the lack of credentials, education, or experience to effectively work with seniors facing physical, cognitive, or emotional challenges.

Liability for physical abuse often extends beyond the abuser. In most cases of abuse, the assisted living facility or other caretaker failed to:

  • Maintain appropriate staffing levels
  • Provide adequate education and training for staff members
  • Develop individualized care plans for each resident or patient
  • Establish written policies and procedures for preventing, reporting, and responding to physical abuse
  • Conduct background checks
  • Take disciplinary action or terminate abusers
  • Notify the police, a long-term care ombudsman, or local adult protective services
  • Ensure prompt medical care for victims of abuse

What injuries does physical abuse of the elderly cause in Bakersfield?

Many seniors already experience compromised physical health, and numerous individuals aged 60 and older deal with conditions such as arthritis, balance difficulties, hearing impairments, back problems, and poor eyesight. Given their existing health challenges, seniors typically require extended recovery periods following physical assaults.

Common injuries resulting from physical abuse involve broken bones, burns, head trauma, spinal cord damage, and internal bleeding, and some seniors may endure breathing disorders and strokes as a result of physical abuse. Failure to receive prescribed medications can lead to fatalities or the exacerbation of underlying health issues. Additionally, physical abuse often brings with it a significant degree of emotional suffering.

Who is responsible for the physical abuse of the elderly in Bakersfield?

If a staff member, visitor, or anyone with access to the nursing home engages in physical abuse, they may be subject to criminal charges. At Garcia & Artigliere, our Bakersfield elder abuse attorneys align your loved one's claim against the abuser with any criminal charges being pursued.

We routinely bring personal injury complaints against long-term care facilities and/or caretakers for their failure to prevent or appropriately respond to abuse. Caretakers can be held responsible for the physical abuse of your loved one if they neglect to:

  • Conduct background checks on new hires and maintain regular checks thereafter
  • Implement written policies and procedures
  • Adhere to federal and California laws as well as caretaker best practices
  • Monitor and respond to any complaints indicating physical abuse of a senior
  • Rotate staff to ensure different caretakers attend to your loved one
  • Establish a reporting system for physical abuse and appropriately investigate reported incidents
  • Discipline or terminate individuals responsible for physical abuse

In addition, caretakers in Bakersfield may be held vicariously liable for the wrongful actions of their employees.

What is the value of a physical abuse of the elderly claim in California?

Our elder abuse attorneys aggressively pursue the following types of compensation for abused seniors:

  • Medical expenses, including emergency room care, surgeries, doctor visits, physical therapy, psychological therapy, assistive devices, medications, and all associated healthcare costs
  • Chronic physical pain and emotional suffering
  • Loss of bodily function
  • Decline in quality of life
  • Any scarring or disfigurement

In cases where a loved one dies as a result of physical abuse that could have been prevented, our lawyers initiate wrongful death actions. Wrongful death damages commonly include burial and funeral expenses, loss of inheritance, and personal damages suffered by family members, such as the deprivation of emotional support and love that the deceased relative would have provided.

When does a Bakersfield 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 delay. The sooner you contact us, the sooner we can explain your family member’s rights, speak with witnesses, help the senior obtain vital medical care, contact law enforcement and the local ombudsman, stop the abuse from persisting, and arrange to move your loved one to a different caretaker or facility if necessary.

Do you have a Bakersfield elder physical abuse lawyer near me?

At Garcia & Artigliere, our elder abuse and neglect lawyers represent senior physical abuse victims across California. We are relentless fighters for seniors who are physically abused and will help your loved one see doctors who can explain just how harmful and life-changing 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 Bakersfield elder physical abuse lawyer today

At Garcia & Artigliere, our Bakersfield 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 Bakersfield elder physical abuse lawyers, call or contact our offices in Long Beach or Los Angeles. We proudly serve clients throughout California.

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