Unfortunately, elder abuse is a common issue. It can happen in a person’s own home and be perpetrated by family members. However, it is more common in institutional settings like nursing homes, where nearly 16% of residents report abuse.
In nursing homes, staff members are typically the ones who engage in this abuse. They may physically or mentally abuse residents, causing humiliation, trust issues, physical injuries, and even death.
However, other residents may also be the culprits. It may be weird to imagine residents abusing each other in some way, but it does happen in some facilities.
Resident-on-resident abuse refers to negative, aggressive, and intrusive interactions between residents in long-term care settings, which can include verbal, physical, and sexual mistreatment. Common examples include yelling, hitting, and unwanted touching. This can be a prevalent and serious issue in nursing homes, leading to injuries and psychological distress.
It is important to understand that not all incidents of resident-on-resident mistreatment are considered abuse. This means that the resident did not willfully harm the other resident. Common examples include roommate conflicts, invasion of personal space, verbal threats, using personal property without permission, destroying personal property, and unwanted sexual behavior.
The prevalence of resident-to-resident abuse is unknown. However, in one study, there were 2,011 participants. They were residents in 10 nursing home facilities in New York.
The results showed that 407 residents experienced one or more events involving resident-to-resident abuse. The most common forms of abuse were verbal (9.1%), other (such as invasion of privacy or menacing gestures), at 5.3%, physical (5.2%), and sexual (0.6%).
A primary risk factor is cognitive impairment; in fact, one study found that worsening cognitive impairment led to a five-fold risk of mistreatment in victims. This makes sense, as many nursing home patients suffer from cognitive loss such as dementia and Alzheimer's disease. These conditions may affect a person’s emotions and behaviors, resulting in violence and physical abuse.
What Nursing Homes Can Do
Nursing home residents have the right to safety. This is a basic right. No matter the type of long-term care facility, every resident has the right to live in a safe, supportive environment that respects their individuality and upholds their dignity. While there are no federal regulations specifically governing assisted living facilities, each state sets its own standards. Still, all states share one fundamental requirement: residents must be protected from abuse, neglect, and exploitation.
Each facility must also ensure that residents remain free of accident hazards as much as possible. In addition, each resident must receive adequate supervision and assistance devices to prevent accidents.
A resident-to-resident altercation should always be evaluated as a possible case of abuse. When investigating such incidents, it should not be assumed that abuse did not occur. Because abuse includes the concept of willful actions, each situation should be carefully reviewed before determining whether a citation is appropriate.
Staff should remain alert for behaviors that could provoke or escalate conflicts, including but not limited to:
Verbal aggression: This includes yelling, cursing, giving orders, using racial or ethnic slurs, or making intimidating remarks.
Physical aggression: This includes hitting, kicking, grabbing, scratching, pushing, biting, spitting, threatening gestures, or throwing objects.
Sexual aggression: This includes making sexual comments or engaging in inappropriate touching or grabbing.
Invasive behavior: This includes taking or handling another resident’s belongings or rummaging through their property.
Intrusive behavior: This includes wandering into another resident’s room or personal space.
Note that resident-on-resident abuse could involve a resident who has had no prior history of aggression. All residents should be monitored closely, as behavior could quickly escalate into an instance of abuse. Sometimes abuse comes from anger or hate, so it is important to monitor residents' emotions.
Also, nursing homes should be mindful of environmental triggers. Clear common areas of clutter and reduce noise and overcrowding. Provide areas for supervised, safe movement. Identify environmental influences (such as lighting and temperature) on behavior and adjust accordingly. Also, ensure adequate staffing levels to provide supervision.
What Legal Options are Available?
In California, resident-on-resident altercations in nursing homes or assisted living facilities can raise legal issues under both state elder abuse laws and federal care standards.
Here are the main legal options and remedies available:
File a complaint with licensing authorities. When a nursing home is involved, contact the California Department of Public Health (CDPH), which investigates abuse or neglect under Title 22 and federal regulations. For assisted living or board-and-care facilities, report the situation to the California Department of Social Services. These agencies can investigate, issue citations, and impose penalties if the facility fails to protect residents from foreseeable harm.
File a civil lawsuit. If the facility knew or should have known about the risk of resident aggression but failed to prevent it, the injured resident or their family may file a civil lawsuit for negligence, elder abuse, negligent hiring or retention, or violation of residents’ rights.
Contact Adult Protective Services (APS). APS can investigate reports of abuse or neglect in long-term care facilities, especially when the incident suggests ongoing risk or staff inaction.
File an ombudsman complaint. The Long-Term Care Ombudsman Program advocates for residents’ rights and can help mediate conflicts, file complaints, or ensure corrective action.
Seek criminal charges. In severe cases, such as if the altercation involves assault, sexual battery, or threats, law enforcement can investigate and refer the case for criminal prosecution of the responsible resident (if competent) or facility staff (for failure to protect).
Contact Newman Law Group Today
Some elder abuse cases involve other residents, which can seem odd. These things happen, so you need to be prepared. Make sure you understand your legal rights and options.
Do not allow your loved one to suffer from such mistreatment. Contact a Sacramento nursing home abuse attorney from Newman Law Group, LLP, for assistance. Resident-on-resident abuse can be difficult to uncover, but we will help you fight for proper compensation. Schedule a consultation today by filling out the online form or calling (916) 352-3181.
