Elder Physical Abuse


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Burbank Physical Abuse of the Elderly Lawyer

Burbank physical abuse attorneys fighting for the elderly in California

As we age, our bodies lose physical strength. This frailty puts seniors at a disadvantage, especially when they are under the care of a third party like a nursing home or in-home caretakers. Often, overworked staff take out their frustrations on seniors. The abuse might be intentional or part of a larger systemic issue. Regardless of the reason, elder physical abuse is unacceptable, and parties that participate in abuse should be held accountable for their actions. Speak to a Burbank elder abuse attorney at Garcia & Artigliere. We have over 150 years of combined experience helping clients throughout California - call us today to schedule a consultation.


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What is physical abuse?

Many actions constitute elder physical abuse. In general, it is any forceful action that causes harm to an individual over 65 years old. Caretakers in assisted living facilities and nursing homes may physically harm patients in the following ways:

  • Stabbing the patient
  • Tying or restraining a patient
  • Biting the person
  • Aggressively shaking a patient
  • Beating the person so severe that it causes internal injuries
  • Choking
  • Knocking over a patient
  • Threatening the person with a knife or gun
  • Slamming the senior against the wall
  • Pulling the person's hair or twisting their arm
  • Throwing objects at the person
  • Deliberate overmedication
  • Burning or scalding a patient
  • Pinching and scratching the person

No one should ever have to experience physical pain at the hands of someone in charge of taking care of them. Those who are debilitated or weakened by age and medical conditions are in vulnerable positions and should not be subject to abuse. If they are, legal action must be taken. Speak to a Burbank physical abuse attorney about your options immediately.

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

Elder physical abuse is any violence that harms an older person. The resulting injuries can require months of recovery or lead to a senior's death. The signs of elder physical abuse are hard to spot, and trusted family members should closely monitor an elderly loved one. If there are any signs of physical abuse, you should report it to the authorities and speak to a Burbank physical abuse attorney. Only one in 20 cases of elder physical abuse are reported to local authorities.

The first place to look for elder physical abuse is on the person's body. Physical signs include but are not limited to the following:

  • Broken bones
  • Sprains
  • Bruises
  • Burns
  • Dislocated joints
  • Hair and tooth loss

Aside from physical signs, you should also stay alert for emotional signs, such as:

  • Withdrawal from social activities
  • Strained relationships with the caregiver
  • Failing to explain an injury or changing the story
  • Wounds that do not heal properly
  • An increase in new wounds

There are also healthcare signs that physical abuse is happening to your loved one. Look for:

  • A delay in medical care from the facility
  • Going to different emergency rooms to cover up ongoing abuse
  • A history of hospitalizations for the same or similar injuries

When an elderly person suffers physical abuse, they should be taken to an emergency room or doctor immediately. Prompt treatment is vital to avoid complications and identify physical abuse. For legal options, speak to a Burbank physical abuse attorney.

What are the causes of elder abuse in Burbank?

There are a few different factors that can cause caregivers to abuse the elderly. There is no singular reason, and they are not excuses for abusing someone in a vulnerable position. Caregivers will often abuse seniors because they:

  • Have a criminal history
  • Are a live-in caregiver put under insurmountable stress
  • Are abusing drugs or alcohol
  • Have a mental illness
  • Were exposed to abuse as a child or in their daily life
  • Are the senior’s primary source of emotional support and money

When abuse happens in a family, it can be a culmination of years of stress. In nursing homes, it may also be due to overworked staff who feel they must take out their frustration on residents. When an elderly person is under the care of others, they should be able to live their best life and receive the best care possible. Some risk factors can put seniors at a greater risk than others. These risk factors include:

  • Isolation, such as living in remote areas or far from loved ones. Conversely, seniors may become withdrawn and remove themselves from social activities when they are abused.
  • Mental or physical illness can impair the person and result in a higher risk of abuse. Seniors with these conditions require additional attention and care, which can overwhelm and frustrate caregivers.
  • Disabilities can also put seniors at risk.

All these factors are out of the senior's control and are often why they require a caregiver. However, instead of receiving care, they are being harmed. This is a breach of trust, and you must act by speaking to Garcia & Artigliere.


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

When physical abuse occurs, it can cause severe injuries and even death. Injuries that often result from elder physical abuse include:

  • Broken bones
  • Spinal cord injuries
  • Burn injuries
  • Brain injuries
  • Cuts, bruises, or sprains
  • Loss of consciousness or entering a coma
  • Ligature marks
  • Rope burns
  • Confusion and grogginess from illegal drugs or overmedication

This dehumanization must not continue. Instead, victims should pursue legal recourse and financial compensation. In a criminal claim, the person can face fines, loss of license, and incarceration. The civil claim will result in monetary reimbursement of losses. Our Burbank physical abuse attorney will help you review your legal options and find the best solution.

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

Anyone with access to the senior can perpetrate elder physical abuse. It can be a family member, nursing home staff, friends, or another resident. It can happen once or over a span of time. An elderly individual has a weaker body, which means even one incident can cause long-term health conditions.

Anyone caring for a senior can potentially participate and be liable for elder abuse. Some of these parties include:

  • Judge-appointed guardians
  • Caregivers
  • Family members
  • Strangers

Studies show that while men and women can abuse the elderly, perpetrators are primarily men between 18 and 80. Adult Protective Services and the Administration on Aging will find, investigate, and work to resolve elder abuse in Burbank and the surrounding areas. The Centers for Medicare and Medicaid Services will also monitor the health and well-being of residents in care facilities.

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

When you work with a Burbank physical abuse attorney, the goal is to obtain justice through compensation. Most of these claims are settled out of court through negotiations. The result is compensation for the victims and the nursing home being held responsible for their negligence. Compensation can include:

  • Medical bills
  • Physical therapy
  • Cost of moving the resident from caregivers or nursing homes
  • Mental health counseling
  • Other out-of-pocket expenses

Our Burbank physical abuse attorney will review your losses and find a fair compensation amount.

Do you have a Burbank elder physical abuse attorney near me?

Garcia & Artigliere has over 150 years of combined legal experience holding neglecting caregivers responsible for abuse. We have no patience or empathy for these abusive parties and will fight relentlessly for our clients. You can schedule an initial consultation with a Burbank physical abuse attorney by contacting our Los Angeles or Long Beach offices. We serve clients throughout California.

Call Garcia & Artigliere today if your elderly loved one was physically abused

Talk to the Burbank physical abuse attorney at Garcia & Artigliere about the abuse your loved one has endured at their nursing home. Call our office or submit our contact form to schedule a free consultation today.

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