Elder Physical Abuse


San Francisco Lawyers Handling Claims of Physical Abuse of the Elderly

Relentless representation from San Francisco elder abuse attorneys

Physical abuse of the elderly in any form is unconscionable. It needs to stop now, and seniors need to be protected now. Caretakers and their staff should never control, pressure, or punish any senior through the use of force. Assisted living facilities, adult day caretaker services, and in-home health services must take precautions to recognize, prevent, respond to, and report physical abuse. Caretakers need to take extra care when a senior resident or patient has dementia, Alzheimer’s, other cognitive difficulties, or other disabilities. At Garcia & Artigliere, our San Francisco elder abuse lawyers demand justice for seniors who live with any type of pain due to physical abuse. We’ve obtained more than $3 billion in recoveries for the elderly nationwide.


What is physical abuse?

The American Psychological Association states that physical abuse of the elderly includes shoving, slapping, beating, burning, biting, the use of ropes or chains, and any type of force that causes unnecessary pain or injury. Sexual abuse is another form of physical abuse. Physical abuse also “includes the inappropriate use of medications, physical restraints, and physical punishment of any kind. Even if the reason is to help the older person, the behavior can be considered abusive.”

The American Bar Association states that some of the prime suspects of physical abuse are seniors who have cognitive disabilities such as Alzheimer’s or dementia, because these seniors can’t resist and won’t report the offense.

Preventive measures starting with education about how to help seniors with disabilities can stop physical abuse from happening.

What factors indicate a San Francisco senior is being abused?

Everyone who cares for a senior (family members, friends, and the caretaker staff other than the abuser) should look for the following signs of physical abuse:

  • Fractures/broken bones
  • Bruises, cuts, and lacerations
  • Burns
  • Infections and illnesses that aren’t being treated
  • Behavioral changes
  • Lack of sleep or sleeping too much
  • Weight changes
  • Withdrawal from family, friends, and other residents
  • Surgeries and hospitalizations
  • Complaints about being in pain
  • Unexplained vaginal or anal bleeding
  • Venereal diseases or vaginal infections
  • Sudden death

Why are the elderly abused in San Francisco?

Seniors may be abused by members of nursing home staff, other residents, or anyone with access to the long-term facility, home, or other location where the senior resides or spends time.

At Garcia & Artigliere, our San Francisco elder abuse lawyers have the experience and resources to show that your loved one was abused due to:

  • Caretaker misbehavior. This conduct may be due to substance abuse, mental health problems, stress, being overworked, lack of education and training, and other causes.
  • Residential behavior. Some residents may abuse other residents due to cognitive impairments, disputes, or other causes.
  • Caretaker negligence. Caretakers may be liable for elder care neglect of a San Francisco resident due to:
    • Not running background checks on new hires
    • Understaffing
    • Overwork
    • Failure to have policies and procedures in police to prevent and respond to physical abuse
    • Failure to have an abuse reporting system
    • Failure to discipline or terminate the employment of abusers
    • Not rotating staff members so no one staff member can control a senior and so other staff members can examine each senior

What injuries are caused due to San Francisco physical abuse of the elderly?

Seniors, people 60 and older, are injured more easily and need more time to heal than people under 60. Many seniors already have physical ailments such as arthritis. Any additional pain is much more difficult to cope with.

Physical abuse can cause fractures, head trauma (including concussions and traumatic brain injuries), spinal cord damage, paralysis, third-degree burns, internal organ damage, burns, and other severe injuries. Physical abuse also causes emotional suffering which may include fear, anxiety, depression, and even thoughts of suicide. Some acts of physical abuse may be fatal.

Who is liable for the physical abuse of seniors in San Francisco?

The person who commits the abuse may be charged with a criminal offense in addition to being the defendant in your loved one’s personal injury claim. Our San Francisco physical abuse lawyers coordinate your loved one’s claim with any criminal charges.

At Garcia & Artigliere, our San Francisco elder abuse lawyers file personal injury claims on behalf of seniors who are physically abused. If the physical abuse tragically causes the death of your loved one, we file wrongful death claims on behalf of the family members. We file these claims against the responsible caretaker (in addition to the individual abuser) – including any long-term care facility, a daycare facility, an in-home service, or any other responsible defendant.

Caretakers may be liable due to their own negligence. They may also be vicariously liable for any abuse of their employees.

How much can a senior claim if they’re abused in San Francisco?

At Garcia & Artigliere, our San Francisco physical abuse lawyers work with your senior’s doctors and our own network of doctors when necessary to understand the full seriousness of your loved one’s injuries. We emphasize that seniors often never fully recover from their physical injuries. We demand compensation for the senior’s:

  • Medical costs including ER care, surgeries and hospitalizations, physical and other types of therapy, physician visits, assistive devices, and medications
  • Each day of pain and suffering
  • The loss of life’s pleasures
  • Any loss of function
  • Any scarring or disfigurement

In cases of physical abuse, we seek punitive damages against the abuser and the caretakers because physical abuse is normally intentional.

How much time does a senior have to file a San Francisco physical abuse claim?

Seniors and their families (if a loved one dies) only have up to two years to file their personal injury or wrongful death claim.

Don’t wait. Please call our San Francisco physical abuse lawyers as quickly as possible so we can help protect your loved one and any other seniors who may being abused by the same person and caretaker.

Prompt action is critical to help us investigate the claim, determine who is responsible, and obtain the compensation your loved one or your family deserves – as quickly as possible.

Do you have a San Francisco elder physical abuse lawyer near me?

Garcia & Artigliere represents seniors who suffer physical abuse in San Francisco. Our trial lawyers are skilled at showing how physical abuse occurred, why caretakers other than the individual abuser should be held responsible, and what compensation the abused senior deserves. We’re ready to answer your questions now.

Speak with an experienced San Francisco physical abuse attorney at Garcia & Artigliere

At Garcia & Artigliere, our San Francisco physical abuse lawyers demand justice for any loved one who is physically harmed by their caretaker or by failures to prevent harm. Most seniors struggle due to their advanced years. Physical harm is just devastating for every senior. Hope is replaced with fear. Happiness is replaced with pain. To hold individual and caretaker businesses accountable, call us or complete our contact form now to schedule a free, confidential consultation.

We proudly serve San Francisco. Our elder care lawyers represent clients throughout California, including Los Angeles, San Diego, and Long Beach, and clients in Arizona, Kentucky, and Louisiana. We represent seniors and the families of loved ones on a contingency fee basis.

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