When an elderly individual living in a nursing home is subjected to any form of assault, this individual has become the victim of abuse. There are no circumstances under which assault is ever appropriate when dealing with elderly nursing home patients. Unfortunately, overworked, stressed, poorly trained, and underpaid staff often times resort to this type of abuse in order to get their job done. Due to fear of retaliation or an illness or disability, the elderly victim may fail or be unable to report these abusive behaviors. Family members may fail to recognize the signs of abuse that their loved one may be exhibiting. It is important that family members understand what constitutes assault and abuse in order to ensure their loved one is properly cared for while living in a nursing home.

There are three types of assault: physical, sexual, and verbal. By definition, a physical assault is the threat of bodily harm accompanied by the ability or capacity to actually cause said harm. An assault can arise simply from the apprehension of harm and reasonable fear of injury. For example, when a threat of harm is verbally communicated and combined with a raised fist, this act causes reasonable apprehension of harm and evidences the ability to carry out harm. Aggravated assault is more serious than assault. The intent to kill or rape are elements of aggravated assault. Sexual assault includes acts such as rape, attempted rape, unwanted sexual contact, or unwanted sexual threats. Sexual assault is often carried out through threats of violence, coercion, or manipulation. Verbal assault occurs when an individual calls another individual names, degrades them, screams at them, berates them, or humiliates them. Any type of assault can be extremely devastating to the victim.

When elderly individual in a nursing home have unexplained physical injuries, exhibit unusual behaviors, or appear fearful or withdrawn, concerned family members should begin asking questions. In some cases, families may discover that their loved one is being abused and possibly assaulted by nursing home staff. If a situation such as this occurs, the elderly individual will need the representation of a qualified and talented attorney. Nursing home abuse is a serious issue and one that should be dealt with promptly and swiftly. By being informed and aware, families can ensure the safety, care, and protection of their elderly loved one.