Elder Physical Abuse


Santa Clara Lawyers Elder Physical Abuse Lawyers

Strong advocacy from our Santa Clara elder physical abuse attorneys when caretakers use or threaten to use force on your loved one

Long-term facilities and other residential senior facilities, adult daycare centers, and at-home services must take steps to prevent and stop physical abuse. Physical abuse of a senior is never justified. Unfortunately, physical abuse happens all too often. While some caretakers are just mean, many caretakers use force as a form of control or discipline. Physical abuse includes physical force, the use of restraints, and the denial of basic needs. At Garcia & Artigliere, our Santa Clara physical abuse lawyers have been fighting for abused seniors since 1993. We are respected nationwide for our strong record of recoveries against abusers and the caretakers who should have stopped them.


What is physical abuse?

The US Centers for Disease Control and Prevention (CDC) definition of physical abuse of the elderly is when a senior “experiences illness, pain, injury, functional impairment, distress, or death as a result of the intentional use of physical force.” Examples of physical abuse include hitting, slapping, kicking, pushing, and burning a senior. Denying a resident or patient his/her medications or nutrition is physical abuse. Using chemical or physical restraints without medical approval is also physical abuse.

Sexual abuse (sexual contact without consent) is another specific type of physical abuse.

Physical abuse often occurs to control or punish seniors with physical or cognitive disorders instead of using education, training, patience, and compassion to help the seniors.

What are the signs a Santa Clara senior is being physically abused?

If your mother, father, grandparent, aunt, uncle, or friend is being cared for by an assisted living facility or other caretakers, you need to know the signs of physical abuse. Every caretaker who spends time with your loved one should know the signs of abuse – even if that means reporting abuse by another staff member.

Some of the common signs of physical abuse in Santa Clara include:

  • Bruises, cuts, and lacerations
  • Broken bones/fractures
  • Any complaints of pain
  • Mood or personality changes
  • Infections or illnesses that are left untreated
  • Malnutrition and dehydration
  • Fear of staff members or other people
  • Withdrawal from social and residential activities
  • Difficulty sleeping
  • Anxiety and depression
  • Weight changes
  • Emergency room care
  • Sudden death

Why does physical abuse of the elderly happen in Santa Clara?

At Garcia & Artigliere, our Santa Clara physical abuse attorneys understand how completely devastating any type of physical abuse is. Your loved one will need time to treat their injuries and time to heal – even though time is the one thing they don’t have. Physical abuse by people seniors trust is doubly crushing because it means that that trust is now gone. That’s a rough thing to live with.

There are different reasons why someone may abuse your loved one. Nursing homes and other caretakers need to anticipate these reasons and take preventive steps to stop them before the abuse occurs and to respond immediately when it does occur.

Common reasons for physical abuse of the elderly in Santa Clara are:

  • The abuser:
    • Is simply mean
    • Has substance abuse problems
    • Doesn’t have the patience or training to help seniors who have physical, emotional, or cognitive difficulties
  • The caretaker (a long-term care facility, in-home agency, or any other caretaker) failed to:
    • Hire enough staff members
    • Educate the staff members about senior challenges and how to handle them
    • Have a private care plan for each resident or patient
    • Prepare and implement policies to prevent, monitor, and respond to any acts of physical abuse
    • Conduct background checks
    • Discipline or terminate the employment of abusers
    • Contact local law enforcement
    • Contact the local long-term care ombudsman
      Contact local adult protective services
    • Provide prompt medical care
    • Comply with caretaker best practices
    • Comply with federal and state law

Santa Clara caretakers may be accountable due to their own negligence or vicariously liable for the misconduct of their employees.

If criminal charges were filed, we coordinate your civil case with the criminal charges.


What type of harm does physical abuse of the elderly cause?

Physical abuse is much more difficult to treat than abuse of younger adults because most seniors already have physical problems – that’s why they’re receiving caretaker assistance. These disorders often include mobility problems, loss of hearing, poor vision, loss of teeth, and other problems. Seniors usually need a lot more time to heal and many never return to full health.

Some of the serious injuries of seniors our Santa Clara physical abuse lawyers handle include:

  • Broken bones
  • Spinal cord injuries
  • Head trauma
  • Respiratory disorders
  • Heart disorders including stroke
  • Third-degree burns
  • Back, neck, and shoulder trauma
  • Nerve and muscle damage
  • Traumatic amputation
  • Physical pain
  • Emotional suffering
  • Loss of confidence
  • Loss of trust
  • Loss of quality of life

How much is a senior physical abuse claim worth in California?

At Garcia & Artigliere, our Santa Clara physical abuse lawyers have obtained more than $3 billion in settlements, awards, and verdicts for our clients. We understand how to show seniors deserve strong damage results even if they are very old.

Our elder abuse lawyers demand compensation for your loved one’s:

  • Medical care
  • Daily physical pain and emotional suffering
  • Loss of bodily function
  • Loss of quality and the joys of life
  • Any scarring or disfigurement

We also file wrongful death actions if physical abuse tragically took the life of your loved one. We demand compensation for the burial and funeral expenses, any financial harm such as the loss of an inheritance, and any personal damages because your loved one can’t provide emotional support.

We also seek punitive damages for unconscionable abuse.

What is the time limit for filing a Santa Clara physical abuse claim?

Generally, Santa Clara physical abuse claims must be filed within two years from the date of the physical abuse.

Contact us now. Your loved one needs help immediately to stop the abuse, get help for the pain, and restart his/her life. It’s best to file claims while your loved one has his/her cognitive abilities. Prompt action also helps to ensure other seniors aren’t being physically abused.

Do you have a Santa Clara physical abuse lawyer near me?

At Garcia & Artigliere, our elder abuse attorneys represent senior physical abuse victims throughout California. We have several offices in California. We do make arrangements, if your loved one is too injured or ill, to meet clients away from the office in person. Our lawyers also conduct phone and video consultations.

We’ll explain how the claims process works and guide you and your loved one through every stage of their claim.

Talk with the respected Santa Clara physical abuse lawyers at Garcia & Artigliere now

At Garcia & Artigliere, our Santa Clara elder physical abuse attorneys are respected by clients, families, insurance companies, and defense lawyers for our ability to prepare, negotiate, and argue physical abuse claims. We’re skilled at the unique challenges involved with elder care claims and physical abuse actions. To hold abusers and caretakers responsible, call us or complete our contact form today to schedule a free, confidential consultation.

Our lawyers represent seniors in Santa Clara, Long Beach, Los Angeles, and across California. We also represent seniors in Arizona, Kentucky, and Louisiana. We handle elder physical abuse claims on a contingency fee basis.

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