Physical Abuse

Physical Abuse of an Elder or Dependent Adult

Wear Trial Law represents elders and dependent adults subjected to physical abuse by facility staff, in-home caregivers, family members, or other residents. Physical abuse under California’s Elder Abuse Act includes assault and battery, unreasonable physical constraint, prolonged deprivation of food or water, and chemical restraint through inappropriate medication. Consultations are free and confidential.

What physical abuse includes under California law

It is broader than most families expect. Beyond direct assault, the statutory definition reaches:

• Unreasonable physical restraint — restraints used for staff convenience rather than documented medical necessity
• Chemical restraint — sedating or antipsychotic medication used to manage behavior rather than to treat a diagnosed condition
• Prolonged deprivation of food or water
• Rough handling during care — transfers, bathing, and dressing performed in ways that cause injury
• Sexual assault, which is addressed on its own page

Warning signs

Bruising in patterns that do not match a fall — on the inner arms, the upper arms, the torso, or in gripping shapes. Fractures with explanations that do not fit the injury. Repeated injuries attributed to falls that were never documented as falls. A resident who becomes fearful, withdrawn, or agitated around a specific staff member. New sedation, or medication changes the family was not told about. Reluctance to speak while staff are in the room.

Also pay attention to institutional behavior: staff who will not leave you alone with your family member, incident reports you are told do not exist, and explanations that change between shifts.

Resident-on-resident abuse

Families are often surprised that a facility can be liable when another resident caused the injury. It frequently can.

Where a facility admitted or retained a resident with a documented history of aggression, failed to supervise, failed to separate residents after a prior incident, or failed to notify families and adjust care plans, the facility’s own conduct is the claim. These cases are proven from incident logs and prior reports about the same resident — records that almost always exist and are almost never volunteered.

When there is also a criminal case

A criminal prosecution and a civil claim can proceed in parallel and serve different purposes. A conviction is not required for a civil claim, and a decision not to file charges does not defeat one — the civil burden of proof is lower.

Michael Wear spent more than fifteen years as a Marin County prosecutor, including on the Special Victims Unit felony trial team where elder abuse prosecutions were part of his caseload. Families navigating both a criminal case and a civil claim get guidance from someone who has run the criminal side.

What to do now

1. Ensure immediate safety. If someone is in danger, call 911, then contact Adult Protective Services in the county where they live.
2. Photograph injuries with the date visible, and again as they change.
3. Request records in writing — incident reports, medication records, and the care plan — and keep a copy of the request.
4. Write down names and shifts before staff turn over.
5. Do not accept a verbal explanation as the final account.

Call 415-233-9688 — free and confidential.