What is Assault and Battery in Nursing Homes?

When it is time to place your loved one into a nursing home, you expect that they will receive the necessities and care they need to be happy and healthy. Unfortunately, not all nursing homes provide a safe place for elders to live. Assault and battery is not uncommon in nursing homes and it can occur between residents, or between residents and staff members.

Assault and battery in nursing homes may result in criminal charges, but it can also lead to a personal injury claim. Below, our Tampa assault and battery attorney defines this type of abuse and the signs associated with it so you can stop it from happening to your loved one.

Assault and Battery Defined 

Many people think assault and battery are the same offense, but that is not true. Assault is the act of causing someone to fear for their personal safety, such as uttering a threat to someone. Battery is the act of actually harming someone. Often, the two offenses are charged for the same incident, which is why so many people believe it is the same crime.

For example, one person may threaten to punch someone else before they actually make physical contact. The threat would constitute assault, while the actual act would be defined as battery.

Common Examples of Assault and Battery in Nursing Homes 

Sadly, there are many common examples of assault and battery in nursing homes. These include:

• Threatening to harm residents
• Punching
• Kicking
• Pinching
• Pushing
• Shaking
• Slapping
• Beating
• Sexual assault

Signs of Nursing Home Assault and Battery

 Assault and battery is very harmful to nursing home residents. In some cases, it may even be fatal. It is crucial that loved ones can identify when assault and battery is occurring, so you can stop it as soon as possible and protect your family member’s safety and well-being. The most common signs of nursing home assault and battery are as follows:

• Unexplained injuries
• Wounds, bruises, and lacerations
• Bloody or torn clothing
• Broken bones
• Anxiety or depression, particularly if the resident did not suffer from these conditions in the past
• Hair loss

Nursing home residents do not often want to come forward with allegations of assault and battery. This is largely because they feel ashamed or embarrassed, or even believe that they deserve it. In other instances, residents suffering from Alzheimer’s or dementia may not even understand that abuse is occurring. This makes it even more important for loved ones to know the signs of assault and battery.

Call Our Assault and Battery Attorney in Tampa Today 

If your loved one is being mistreated in a nursing home, you need sound legal advice from a Tampa assault and battery attorney. At Kohn Law, our experienced attorney can review the facts of your case, collect evidence to prove it, and help your family obtain the full and fair compensation you deserve. Call us now at 813-428-8504 or chat with us online to request a free consultation and to get more information.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html

flsenate.gov/Laws/Statutes/2012/784.011