Physical Assault and Battery

Elder abuse is a serious underreported problem in the United States. A physical assault and battery of an elder is considered any type of non-accidental use of force such as hitting, biting, using an object such as rope or other object to restrain the elder, against their will or without their consent, or by threatening them with such an act and thereby placing them in imminent fear that an assault or unwarranted touching will occur. Physical assault and battery in order to be legally actionable must results in physical pain, injury, or in some extreme cases mental and physical impairment. According to the National Center for Injury Prevention and Control’s most recent statistic data, nationally in 2008, one in 10 elders reported emotional, physical, or sexual abuse, neglect or mistreatment within the past year. In 2011-2012, nearly 18,000 adults in Pennsylvania were in need of older adult protective services. This is a 17 percent rise from the previous year. If you or a loved one placed their trust in another to provide adequate care to sustain the elder’s quality of life and that trust was seriously broken, the law firm of Rosenbaum and Associates nursing home lawyers and personal injury attorneys may be able to assist.

Often physical assault and battery of an elder is easier to hide if the older individual routinely uses layers to help regulate their body temperature or is isolated from the general public. If you or your loved one is in a nursing home or long-term treatment facility, or has contracted with an elder care in home business, and you suspect that an unwarranted physical assault or battery has occurred call the police if their life is immediately at risk. If you are in a nursing home environment you may want to speak privately with your loved one. By listening and taking note of what is being said you may better be able to communicate your needs to the head of staff or whomever is regulated to the resident’s safety concerns. If you see physical signs of abuse, you may want to take a picture or video with the elder’s consent. Physical evidence has a way of disappearing as the person heals, and by photographing you have a documented instance of their physical assault or battery. In a calm manner it is advisable to involve the head of the staff to see what can immediately be done to place the resident in a safe environment. The Pennsylvania Attorney General is committed to the protection of older Pennsylvanians. Through the Elder Abuse Unit any older Pennsylvanian may call the toll free Elder Abuse Hotline at 1-800-623-2137. If you have any reason to suspect elder abuse is occurring you may also call the toll free hotline, or email the Unit at elderabuse@attorneygeneral.gov.

If you or a loved one has recently sustained serious injuries that resulted from physical assault and battery of an elder in a nursing home, long-term care facility, or a contracted care provider, the Philadelphia based law firm, with practices throughout Pennsylvania and New Jersey, may be able to help you recover just compensation. In order to determine whether you have grounds for a case, please contact us online or call 1 800 7 LEGAL 7 for a Free Case Evaluation.