How to Defend Against Nursing Home Abuse Charges

California law permits charges to be brought against a range of individuals.

How to Defend Against Nursing Home Abuse Charges

Elder abuse is unfortunately a common problem in California. It can take many forms, from physical abuse to neglect and endangerment to sexual assault or abuse to emotional abuse to financial exploitation. In California, elder abuse is against the law. If an elder is in a nursing home at the time that they suffered the abuse, then prosecutors may be able to bring charges not only against the individuals directly responsible, but against others as well.

In California, both seniors (a person aged 65 or older) and dependent adult (any person aged 16 to 64 with a physical or mental disability that restricts their abilities in specified ways) are protected by the Elder Abuse and Dependent Adult Protection Act (EADACPA). This act not only provides a mechanism for civil lawsuits for nursing home abuse, but it imposes reporting requirements for individuals charges with the care of seniors and dependent adults.

Under the law, California criminal charges for nursing home abuse can be brought against people who work directly with the elderly as caregivers at nursing homes, administrators or supervisors, and in some cases, the owners or operators of the nursing home. This means that in addition to the individual responsible for the abuse, supervisors and sometimes even owners may be held criminally liable for nursing home abuse.

There are a number of ways that nursing home abuse charges may be brought. For example, if staff at a nursing home decide to administer medications to sedate patients with dementia in order to more easily control them — which is not in the patients’ best interests — and the supervisors are aware of this practice, then both the staff and the supervisors may be charged with nursing home abuse.

It can be challenging to defend against charges of nursing home abuse, particularly if you re a supervisor who was not immediately responsible for the actions that led to the alleged abuse. However, a skilled nursing home abuse lawyer in Orange County, CA can argue that there is insufficient evidence to sustain charges against you. For example, if you are the owner of a nursing home, your can demonstrate that the prosecutor has no evidence that you condoned the abuse, let alone knew that it was happening.

In other cases, the alleged nursing home abuse may simply be a case of false accusations. Many older people become agitated as they age, and may not remember falling, bumping against something, or even losing a valuable item. They may blame a nursing home employee rather than accept that they hurt themselves or lost something.

If you have been charged with nursing home abuse or a related charge, the Chambers Law Firm can help. We offer top-notch legal defense to our clients, aggressively advocating for their rights and freedom. To learn more or to schedule a free initial consultation with a nursing home abuse lawyer in Orange County, CA, contact us today at 714-760-4088 or dchambers@clfca.com.

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