Nursing home abuse in California is one of the most common–and serious–issues that residents will face. In fact, it’s such a serious matter in California that it not only has civil remedies but criminal punishments in some instances. Under California law, nursing home abuse is considered a crime and can include physical, emotional, or sexual abuse, as well as neglect or exploitation. Not only is it a crime, but more than that, it’s a violation of the trust that families place in these facilities to care for their loved ones.
Filing criminal charges against a nursing home for abuse can be a complex and challenging process. However, doing so is an important step in the process of holding the nursing accountable for any actions that may have caused harm to the residents. Criminal charges can result in significant penalties, including fines and imprisonment, which serve as a deterrent to other nursing homes and help to ensure that they provide safe and proper care to their residents. At the same time, it’s helpful to not only understand the laws in place that allow residents to do this, but to understand what the legal process entails.
Let Maison Law Stand Up For Your Elderly Loved One
If you believe that your loved one has been the victim of nursing home abuse in California, it’s important to understand the process of filing criminal charges as soon as possible in order to protect their rights and pursue justice on their behalf. With the help of our team of experienced California nursing home abuse lawyers, we can ensure that your loved one receives the justice and compensation they deserve. Contact us today for a free consultation to learn more.
What Law Allows Nursing Home Residents to File Criminal Charges in California?
Under California Penal Code 368, nursing home residents are given the legal right to file criminal charges against the nursing home or anyone involved that have perpetrated acts of abuse or neglect.
Much like its related civil law, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA), this law is intended to protect elderly nursing home residents from any form of abuse or exploitation and holds those responsible accountable for their actions. While the law applies to every California resident that is either 65 or older or between the ages of 18 and 64 and is dependent on the care of another person, it also notes that elderly nursing home residents deserve special consideration.
To that end, the law outlines the major forms of abuse or neglect that are considered criminal in nature and ascribes punishments for any instance of abuse or neglect in a nursing home. Under the law, the following actions in a nursing home could be considered to be punishable by criminal charges:
- Physical abuse can include assault, battery, sexual assault, and physical restraints.
- Mental abuse can include intimidation, harassment, and threatening behavior.
- Neglect refers to the failure to provide food, clothing, shelter, medical care, or any other necessary care for a person who is unable to care for themselves.
- Financial exploitation refers to the illegal or improper use of an elderly person’s funds, property, or assets.
Accordingly, the law also provides the following punishments if a nursing home or caregiver is engaging in any abusive or neglectful behavior with residents:
- Imprisonment – The offender may be sentenced to serve time in county jail or state prison, depending on the severity of the abuse. Misdemeanor abuse or neglect can result in up to one year in prison.
- Fines – The offender may be ordered to pay a fine, which can be substantial, especially in cases of financial exploitation. A misdemeanor charge of abuse or neglect can carry a fine of up to $6,000.
- Restitution – The offender may be ordered to pay restitution to the victim, which can include reimbursement for medical expenses, property damage, or other losses related to the abuse.
- Probation – The offender may be placed on probation, which can include conditions such as community service, counseling, or restitution payments.
- Felony Conviction – In cases of severe abuse, the offender may be charged with a felony, which carries more severe penalties, including up to four years in prison and up to $10,000 in fines.
Obviously, any criminal charge carries serious consequences for the nursing home and the caregiver or staff member accused of abuse or neglect. However, our justice system clearly treats nursing home abuse and neglect very seriously, as it should. Still, everyone is innocent until proven guilty, so it’s important to understand what to look for in terms of evidence and motive when dealing with nursing home abuse or neglect.
How Can I Find Evidence of Nursing Home Abuse in California?
Very often, elderly residents that are subjected to abuse or neglect in California nursing homes are in such a diminished physical or mental state that it makes it difficult to uncover evidence or proof that mistreatment is happening. But in order for a criminal charge against a nursing home to be viable, there needs to be substantial evidence.
While it can be difficult, there are certain ways in which you can go about gathering evidence that your loved one is being abused:
- Observe your loved one – Look for signs of physical abuse, such as bruises, cuts, or broken bones, as well as signs of neglect, such as malnutrition, dehydration, or untreated medical conditions.
- Speak with your loved one – Ask your loved one about their experiences and listen to what they have to say. Look for inconsistencies in their stories, as this can be a sign of abuse or neglect.
- Review medical records – Review your loved one’s medical records for evidence of abuse or neglect, including notes about sudden changes in condition, untreated injuries, or inconsistent medications.
- Review financial records – Check your loved one’s financial records for any suspicious transactions or unusual withdrawals.
- Take photos or videos – If you observe any physical signs of abuse, take photos or videos to document the evidence.
- Report the abuse – Report the abuse to the appropriate authorities, including local law enforcement, adult protective services, and the California Department of Public Health. If abuse or neglect is found to be happening, this will initiate the proceedings.
It’s important to remember that the criminal justice system can be complex and that the process of filing criminal charges for nursing home abuse can take time. However, by taking these steps, you can help to protect your loved one and bring the responsible parties to justice.
Who Can Have Criminal Charges Filed Against Them For Nursing Home Abuse in California?
While a criminal case of nursing home abuse in California differs slightly from a civil claim, there are some similarities. While a civil case revolves around liability, the same group of potentially liable parties also applies to criminal charges. The one major difference is that criminal charges are placed on individuals, rather than the nursing home as a whole. Thus, any of the following could be held criminally responsible for allowing nursing home abuse or neglect in California:
- Nursing home staff, such as nurses, caretakers, and administrators.
- Contractors
- Medical professionals, like doctors or surgeons
- Other residents
- Family members
Overall, filing criminal charges for nursing home abuse or neglect is a significant undertaking. It not only requires evidence, but a level of determination to see the abusers brought to justice. Working with our team of experienced nursing home abuse lawyers can help you find the courage necessary to see a criminal charge for nursing home abuse through to its conclusion.
Experienced, Dedicated California Nursing Home Abuse Lawyers
Even though our team of experienced California nursing home abuse lawyers at Maison Law deal with the civil side of California law, we still understand that your elderly loved one being abused or neglected in their nursing home is unacceptable.
We can help you or your elderly loved one to bring the nursing home or its abusive staff members to justice and hold them accountable for their actions. To learn more about your legal options, contact us today for a free consultation.
