Visitor Question

Choked in Attack at a Nursing Home…

Submitted By: Anonymous (USA)

My Grandmother was attacked at her nursing home by another resident. The other resident was a man and he choked her by wrapping his hands around her neck. He also then twisted her arm.

We wanted to know what happens to the resident who attacked her? Is there anything we should do? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

First be sure your grandmother is alright. If at all possible, make sure she is seen by your own private physician.

Someone should have called the police at the time of the incident, if not to arrest the man, at least to create a Report. That report can be later relied upon in the unfortunate event the assault on your grandmother debilitates her in some way.

The facts you present don’t indicate the age or infirmity of the man who assaulted your grandmother. Of course you can always consider filing a criminal complaint against him, but that will be entirely up to you and whether or not the police believe the assault to be of enough of a serious nature to effect an arrest.

Be sure the event is well-documented not only by you, but by the nursing home’s management. Try and get the names of as many witnesses as possible.

Once you have the information in hand you can decide what route to take. If your grandmother has suffered some serious injuries consider filing a civil complaint against the nursing home. If she wasn’t very seriously injured, either move her to another home, or make sure the nursing home’s management takes appropriate measures to be sure that man, or any other will not have access to your grandmother again, at least without proper supervision.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: February 17, 2012

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