< Back to All Insights

4 Instances of Nursing Home Abuse In Happy Gilmore

Tony Tramontana

Nursing home residents have the same rights and freedoms as anyone else. Yet, the institutional setting they live within combined with the disabilities that placed them in the institution can result in a loss of dignity and the absence of proper care. In 1987 Congress enacted the Nursing Home Reform Law which acts as the underlying policy nursing home rights.

Despite reform, nursing home abuse still occurs in Louisiana. In fact, 97.5% of Louisiana nursing homes were found to have health inspection deficiencies and 90% of nursing homes were insufficiently staffed. While nursing home abuse is no laughing matter, the 1996 golf comedy, Happy Gilmore, does lightheartedly touch on nursing home abuse. Today we're taking a look at the abuse that occurs in the movie and what Louisiana nursing home residents should know about their rights.

The Nursing Home In Happy Gilmore Isn't So Happy

For those of you who haven't seen Happy Gilmore in some time or have never seen the movie, Happy starts playing golf to save his grandmother's home which is facing seizure from the IRS because of a large sum of unpaid back taxes. Grandma Gilmore is temporarily forced to move into a retirement home until Happy can come up with the $270,000 owed.

From the very minute Happy and his grandma drive up to the nursing home you can tell something is off, but as the movie progresses four instances of nursing home abuse actually occur. The abuse is perpetrated by a sadistic orderly, Hal who's played by Ben Stiller. The first instance of abuse occurs in Grandma Gilmore's first interaction with Hal.

1) Nursing Homes Can't Enforce Bedtimes


Shortly after Grandma Gilmore gets settled into her new room Hal enters the room to inform Happy that it is now resident nap time. Once Happy leaves Grandma Gilmore requests a glass of warm milk before bed to which Hal replies, "You can trouble me for a warm glass of shut the hell up! Now you will go to sleep or I will put you to sleep."

In reality nursing home residents have the right to decide when they wake up and go to bed and Hal's nursing home would be in the wrong for enforcing a nap time. Residents, not nursing home staff, get to determine their hours of sleep. The abuse continues as the movie progresses and things only get worse.

2) Nursing Homes Can't Exploit Unpaid Labor


This should be glaringly obvious, but it's illegal for nursing homes to use residents as slave labor. In another nursing home scene Hal uses his residents to make quilts during arts and crafts time which he then sells for a profit. When one of the residents refuses, Hal sends her off to maintain the lawn.

Assuming Hal wasn't even using his residence for labor, he'd still be committing abuse just for making them do something they don't want to do. Residents have the right to choose activities and determine how they spend their time. A nursing home cannot unwillingly force a resident into any activity.

3) Nursing Homes Can't Invade Resident Privacy


Happy visits the nursing home on several occasions to check in on his grandma. In many of these occasions Hal is hovering over the two to make sure that Grandma Gilmore doesn't say anything unfavorable about the nursing home.

Again, Hal has infringed upon nursing home resident rights. Residents have a right to privacy when family and friends visit. Nursing homes should have areas for residents to receive private visitors where no one can intrude. Additionally, these rights to privacy extend to all aspects of care including communication with others via telephone and email.

4) Nursing Homes Can't Make Life Threats

Finally, nursing homes cannot make life threats. Moreover, no one can make life threats. Threats to take a life are illegal and can be a felony. In one particular scene when Happy visits, Hal appears in the distance using his hand to represent a gun, implying that he would kill Grandma Gilmore if she said anything about Hal's abuse.

Nursing homes can't make threats. In fact, residents should be free from reprisal in exercising any of their rights such as the freedom of speech. Residents have the right to be assertive and identify problems within the nursing home. Similarly, nursing homes have the duty to assist residents in both raising and responding to concerns.

Contact Us


<   Back to All Articles

Related Posts

What Can I Do If My Child Is Injured at Daycare?

As a father, I understand that when our children are injured, our parental instincts take hold and we spring into action. These injuries are even more devastating & infuriating if the injuries occur at a facility that’s supposed to be watching our children. If daycare neglect occurs, we have the right to get angry and […]

Read More
Balancing Lawsuit Abuse & Protecting Victims in Louisiana: The Johnson & Johnson Talc Case

Ovarian cancer is rare, accounting for just 1.3% of new cancer cases in the U.S. However, Johnson & Johnson, a pharmaceutical company worth an estimated $70 billion, is paying millions of dollars in damages to plaintiffs across the country that allege the company’s talcum powder and bathing products caused their ovarian cancer. In February 2016, […]

Read More
What We Can Learn About Personal Injury from Jamie Lynn Spears' Daughter's Accident

In February of 2017, Jamie Lynn Spears’ 8-year-old daughter was in a traumatic ATV accident on her family’s Kentwood, Louisiana property. The child, Maddie, suffered critical wounds when she swerved her off-road vehicle in order to avoid a drainage ditch, reported TMZ, citing the Sheriff’s Department of Tangipahoa Parish. Louisiana’s state laws regarding ATVs currently […]

Read More
Occupational Injuries and Fatalities: A State-by-State Analysis

According to the most recent census data and an economic news release by the Bureau of Labor and Statistics (BLS) of more than 4,600 occupational fatalities in 2014, Louisiana ranked 12th among all states, accounting for 120 fatalities caused by events or exposures pertaining to specific occupations. 120 Occupational Fatalities in Louisiana Of the 120 […]

Read More
What are Louisiana's Statutes of Limitations?

When you suffer a personal injury in Louisiana, the clock starts to tick immediately, counting down the time you have to file a lawsuit that would allow you to seek reparations for any damages, expenses, or loss of income suffered as a result. Time limits for civil lawsuits are called the Louisiana Statutes of Limitations […]

Read More
Louisiana Car Accident Reports

In the State of Louisiana, drivers are required by law to report accidents that either result in injuries or in damages of over $100. Damages- whether physical or property- can be deceptively expensive, so we suggest reporting all accidents. When you play it safe and legal and call police to file a report after a […]

Read More
The Textalyzer - A New Tool For Fighting Distracted Driving

In an effort to combat distracted driving, New York is proposing legislation that will make it legal for law enforcement to use a "textalyzer" on the phones of drivers after an accident. The textalyzer, which allows police to determine if the driver was texting at the time of the accident, will make it much easier […]

Read More
Louisiana Open Container Law

Open container laws prohibit the presence of any type of unsealed container that contains or contained an alcoholic beverage. They can include bottles, cans, and flasks as well as other types of containers inside vehicles...

Read More

Questions?

Every case is unique. We want to hear from you about your medical malpractice or personal injury case.
Contact Us
2000 Lamy Ln
Monroe, LA 71201
© 2021 All Rights Reserved – J. Antonio Tramontana – Personal Injury Attorney
Privacy Policy
crossmenucross-circle linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram