Who Is Liable for Resident-to-Resident Aggression or Assault in Nursing Homes?

Nursing home abuse and neglect are not new. They have been major problems with our senior care support system for decades. However, most people assume that the danger comes from neglectful nurses and abusive staff members.

While that’s often the case, other dangers lurk in America’s nursing homes and senior living centers, including one that might surprise you: resident-to-resident aggression.

When you move a loved one into a nursing home, you expect them to be safe. But what happens when the danger isn’t from neglectful staff or poor facility conditions but from other residents?

Resident-to-resident aggression is a serious issue in nursing homes, often leading to physical injuries, emotional distress, and even long-term trauma. So, who’s responsible when a resident is harmed by another? And what can you do if it happens to someone you love?

Resident-to-resident elder mistreatment by the numbers

It’s more than a little frightening to think of your loved one facing abuse, neglect, and aggression, not just from staffers but from other residents. But how often does this happen? According to a study published in the journal Geriatrics:

“The prevalence of resident-to-resident aggression among the 930 participants (mean [SD] age, 88.0 [7.2] years; 738 women [79.4%]) during the past month was estimated to be 15.2% (141 of 930 residents; 95% CI, 12.1%-18.8%). The most common forms of aggression included verbal (11.2% [104 of 930 residents; 95% CI, 8.8%-14.2%]), physical (41 of 930 residents; 4.4% [95% CI, 3.1%-6.3%]), sexual (0.8% [7 of 930 residents; 95% CI, 0.4%-1.6%]), and other (70 of 930 residents; 7.5% [95% CI, 5.5%-10.2%]). These categories are not mutually exclusive as residents could be involved with more than 1 type of aggressive behavior.”

The authors found that “resident-to-resident aggression in assisted living facilities was highly prevalent. Verbal aggression was the most common form, and physical aggression also occurred frequently.”

Note that this study occurred over just a single month, involved just over 900 participants, and only accounted for residents in New York State. A larger study (2011 residents) published in 2016 found that the prevalence of resident-to-resident aggression in NY State nursing homes was 18.1 to 22.5%. To date, there has been no similar nationwide study.

Why does resident-to-resident aggression happen?

Nursing homes are meant to be places of care, but they can also be environments where frustration, confusion, and underlying medical conditions lead to violence. Common causes of resident-on-resident abuse in nursing homes include:

• Dementia and cognitive decline– Many nursing home residents suffer from dementia or Alzheimer’s, conditions that can lead to aggression and confusion.
• Overcrowding and understaffing – When there aren’t enough staff members to supervise and intervene, conflicts can escalate quickly.
• Lack of proper medical care – If a resident isn’t receiving the right medications or treatments, they may become agitated or aggressive.
• Poor training and oversight – Some nursing homes fail to train staff on how to recognize and de-escalate aggressive behavior, allowing minor disputes to turn violent.

What do nursing homes do with violent patients?

Nursing homes have to protect their residents from harm, including harm caused by other residents. This means they should take specific steps:

• Assess new residents for aggression risk and place them in care settings that match that risk.
• Monitor residents closely and step in before situations escalate.
• Take reports of aggression from other residents seriously.
• Separate aggressive residents from vulnerable ones.
• Provide medical and psychological help for residents with a history of violence.
• Train staff to recognize and prevent resident-to-resident abuse.

If a nursing home fails to do these things, it can and should be held accountable.

Who is liable when a resident is assaulted?

In most cases, the nursing home itself is responsible. Facilities have a legal duty to provide a safe environment for all residents. If they fail to do so, whether by ignoring warning signs, failing to separate aggressive residents, or neglecting to staff the facility correctly, they can be held liable for injuries caused by a resident-to-resident altercation.

That said, other parties may share responsibility, including:

• Staff members– If employees fail to intervene or knowingly allow dangerous situations to develop, they could be liable.
• Third-party caregivers– If a nursing home contracts outside caregivers who fail to provide proper supervision, they may have shared responsibility.
• Administrators and owners– If widespread understaffing, poor training, or budget cuts lead to unsafe conditions, those in charge of the facility could face legal consequences.

What should you do if your loved one is harmed?

If a family member has suffered due to resident-to-resident aggression, it’s important to act right away. Here’s what you should do:

• Document everything– Take photos of injuries, keep medical records, and write down witness statements.
• Report the incident– Notify the nursing home administration and state regulatory agencies.
• Move your loved one if necessary– If the facility isn’t taking action, consider relocating your family member.
• Seek legal help– A skilled attorney can investigate the nursing home’s liability and help you seek compensation for medical expenses, pain and suffering, and more.

What to do if you suspect your loved one is being abused or neglected

Kentucky law requires the mandatory reporting of elder abuse or neglect. If you see any signs of physical abuse or neglect, signs of mistreatment, or evidence of financial exploitation, you can report them to the Kentucky Cabinet for Health and Family Services at 1-877-597-2331.

In Ohio, you can report elder neglect or abuse to Adult Protective Services at 1-855-OHIO-APS (1-855-644-6277) toll-free 24/7.

Your loved one deserves safety and dignity

No one should live in fear in a nursing home. If your loved one has suffered due to resident-to-resident aggression, don’t wait to take action. A nursing home abuse lawyer can help you hold the facility accountable and ensure your loved one gets the care they deserve.

If you have a loved one who you suspect is being neglected or abused by other residents or by nursing home staff, you can consult with a nursing home neglect lawyer from Crandall & Pera today.

Crandall & Pera Law handles nursing home neglect and abuse cases. Our attorneys have the compassion, skills, and resources to support your fight for justice. To learn more about our services or to schedule a complimentary consultation, please call 855-970-9714 or fill out our contact form now.