When most people think of nursing home abuse, they picture a staff member neglecting or mistreating a resident. However, nursing home abuse can also be perpetrated by one resident against another. In fact, often fueled by dementia, resident-on-resident abuse is now the most frequently cited type of nursing facility abuse.
These incidents can involve hitting, pushing, sexual assault, threats or persistent verbal harassment. Mental decline, confusion and certain medical or behavioral conditions can contribute to a resident’s aggression, but they do not relieve a facility of its responsibility to take reasonable steps to protect residents.
The facility may be responsible if the incident was avoidable
A nursing home or other care facility isn’t automatically liable for every incident where one resident harms another. Some incidents seem to come out of nowhere and evolve too rapidly for anyone to predict or prevent.
Liability is more likely to fall on the facility when the staff either knew or should have known that a resident was aggressive or dangerous and did not respond with appropriate safety measures. Depending on the circumstances, reasonable measures might include better supervision, separating the resident from others, changing their room assignments or transferring a patient to a facility that offers a higher level of care.
For example, if a patient previously assaulted other patients or staff members, the facility might be liable for any subsequent assaults if the staff failed to monitor the patient’s activities or restrict their movements without an escort.
Unfortunately, understaffing is often a hidden component of these incidents. Even a well-developed safety plan is useless if there’s nobody available to implement it. Far too many facilities operate without the necessary aides and other staff members to follow care plans as they are written. Earlier incidents may be overlooked (and unrecorded) and even covered up.
What can families do?
Pursuing a claim against the aggressive resident for the injuries they cause is generally unlikely to be productive. They may have severe cognitive impairments that affect their ability to control their own actions and have no personal resources. Claims against the facility must focus on what its owners, administration and staff members either did or did not do.
If you suspect the facility’s negligence played a role in your loved one’s nursing home injuries, seeking skilled legal guidance as quickly as possible can help preserve evidence and protect your loved one from additional harm.
