[Case Summary]This case involves both criminal charges and civil compensation. Zhang Shufen, a 75-year-old woman with mental disabilities, was receiving long-term treatment at A Hospital. In December 2025, she suffered fractures to nine ribs (left side 3-8 and right side 5-7), which constituted a second-degree serious injury, due to improper care by the nursing staff. The hospital initially concealed the incident and refused to accept the police report. Ms. Liu, her daughter, then hired Beijing Henglu Law Firm to handle the case.Shang Jiang PengThe lawyer urged the public security organ to file a case of intentional injury against the caregiver and detain him/her in custody, and at the same time, negotiated with the hospital to obtain 300,000 yuan in civil compensation. The core disputes are the causal relationship between the caregiver's actions and the victim's serious injury, and the hospital's civil liability. The applicable legal provisions are the "Crime of Intentional Injury" in the Criminal Law of the People's Republic of China and the relevant provisions of the Criminal Procedure Law of the People's Republic of China. This case achieved the dual victories of criminal accountability and civil compensation.

I. Review of the Case Facts

What should be done if a nursing home caregiver fractures an elderly person's bones? The victims often search for terms like "Is it intentional injury if a caregiver injures an elderly person?", "How to file a criminal complaint for an elderly person's fractured bones?", and "How to claim compensation for nursing home negligence?". Since 2015, Mrs. Zhang Shufen, who suffers from bipolar disorder, has been hospitalized at Beijing A Hospital for long-term treatment and rehabilitation for about 11 years. The hospital promised in writing to ensure her personal safety. On December 16, 2025, the attending doctor suggested transferring the elderly patient to another hospital and requiring authorization, claiming it was just an ordinary cough. However, on December 17, the CT scan at B Hospital showed fractures of 9 ribs (3rd to 8th on the left and 5th to 7th on the right), constituting a second-degree serious injury. The hospital initially blamed osteoporosis, but admitted on December 23 that the caregiver provided improper care. Ms. Liu reported the case to the police, but her complaint was dismissed. On December 27, she hired a lawyer to handle the case.Shang JiangpengA lawyer. The lawyer drafted the criminal complaint and submitted it with Ms. Liu on December 28. He persuaded the public security organ to file a case of intentional injury and detained the caregiver on the same day. Subsequently, based on the criminal case, he negotiated with the hospital for several rounds and obtained a one-time compensation of 300,000 yuan.

II. The focus of the case

  • Focus I: The causal relationship between the caregiver's actions and the victim's serious injury.Was the improper care directly responsible for the serious injury of fractured ribs in nine patients?
  • Focus Two: The path of criminal case filing.A case should be filed for intentional injury or negligence causing serious injury. Can we persuade the public security organ to accept the case?
  • Focus Three: Civil Liability of Hospitals.The hospital's dereliction of duty in the selection and training of caregivers, as well as the scope of compensation.

III. The professional intervention of Hengluo Law Firm

The victim's side alleged that:Ms. Liu claimed that her mother suffered from nine rib fractures and second-degree serious injuries due to improper care by nursing staff during her hospitalization. The hospital concealed the truth, evaded responsibility, and refused to accept the police's investigation. She demanded that the hospital be held criminally responsible and compensate for medical care and mental distress.

The position of the prosecution (public security organ/court):The public security organ initially refused to accept the case; the hospital first blamed it on osteoporosis, but later admitted that the caregivers had provided improper care and entered into compensation negotiations with the victim's family.

Hengluo Lawyer's Agency Opinion:Shang JiangpengThe lawyer comprehensively organized the materials and drafted a logically rigorous criminal complaint, putting forward five requests: to file a case against the caregiver for intentional injury or negligent grievous bodily harm; to file a case against the hospital and its supervisors for major responsibility accidents; to seize key evidence such as the caregiver's file and surveillance footage; to commission a judicial appraisal; and to guarantee the right to information and participation. On December 28, he accompanied the complainant to submit the complaint and detailed the direct causal relationship between the caregiver's actions and the grievous bodily harm, as well as the hospital's negligence in selecting, training, and supervising the caregiver. He persuaded the public security organ to file a case for intentional injury and detained the caregiver on the same day. On the civil side, relying on the filing of the case, he negotiated with the hospital director multiple times, pointing out the hospital's infringement liability and the consequences of refusing to compensate, and ultimately won 30,000 yuan in compensation.

IV. Outcome of the case

In terms of criminal prosecution: The public security organ accepted and reviewed the case on the spot, and decided to initiate an investigation into the crime of intentional injury on the same day. That night, the caregiver was detained in criminal custody, and the "Case Acceptance Receipt" and "Notice of Case Filing" were issued. In terms of civil litigation: Beijing A Hospital reached a compensation agreement with Ms. Liu, paying a lump sum of 300,000 yuan to cover medical expenses, nursing fees, and compensation for mental distress. This case achieved dual victories of "criminal prosecution and accountability" and "full civil compensation" within a few days, maximally protecting the rights and interests of the victim and her family.

5. Henglu Law Firm's Advice

This case is handled by Attorney Shang Jiangpeng of Beijing Henglu Law Firm (practice license number: 11101202310580738, subject to the document issued by the judicial administrative organ). If a caregiver causes injuries due to negligence, it is essential to promptly preserve evidence such as medical records, audio recordings, and surveillance footage, and immediately seek the help of a professional criminal lawyer to effectively investigate responsibilities and safeguard rights. Reminder to families: When entrusting elderly people to medical institutions, they should keep the safety commitment and nursing records; if they discover that the injury has been concealed, they should resolutely report the case to the police and entrust a lawyer to initiate criminal charges, so as to achieve dual relief through criminal and civil remedies.

VI. Frequently Asked Questions about Criminal Defense Cases

  1. Q: Is it considered intentional injury if a caregiver causes an elderly person to get injured?
    A:If the caregiver's actions are directly related to the victim's serious injury, efforts can be made to file a case of intentional injury or negligent causing serious injury, and the case will be determined by the public security organ.
  2. Q: How to file a criminal complaint against an elderly person for a fracture?
    A:Collect medical records, CT scans, surveillance footage, and audio recordings. Entrust a lawyer to draft a complaint and submit it to the public security authorities, and demonstrate the causal relationship to facilitate the initiation of a case.
  3. Q: How to claim compensation for the negligence of nursing homes?
    A:After a criminal case is filed, the parties can negotiate civil compensation based on the principle of accountability, claiming damages such as medical treatment, nursing care, and mental distress. They can also initiate separate civil litigation.
  4. Q: What should I do if the police refuse to accept my report?
    A:You can ask a lawyer to intervene to submit a written complaint and evidence, and request an acknowledgment of receipt of the case; if the case is still not accepted, you can apply for a review or supervision by the procuratorate.
  5. Q: What are the consequences of medical care institutions concealing injury information?
    A:Hiding the delay may lead to increased liability. Combined with the negligence of the supervision of selection and training, the institution must bear civil tort liability and even relevant criminal responsibility.