Yes, There Are Defense Options to Charges of Elder Abuse in California

Yes, There Are Defense Options to Charges of Elder Abuse in CaliforniaIt is quite terrible to be accused of elder abuse. Nursing home staff can have their reputations tarnished by charges, even when those allegations are subsequently shown to be untrue, and individuals caring for their own relatives at home may feel startled and betrayed by elderly loved ones’ accusations. Elder abuse can take many various forms, including financial exploitation, endangerment, neglect, physical violence, and mental abuse.

Some of these offenses carry very harsh punishments. It is crucial that you get legal counsel right once if you have been accused of any form of elder abuse. The sooner you speak with a knowledgeable defense attorney for elder abuse, the sooner they can start putting up a case, maybe based on one of the three options below. Contact Chambers Law Firm at 714-760-4088 now to get started.

The behavior wasn’t abusive

The current California Health and Safety Code, which was approved in 1992, permits nursing facilities and their personnel to take actions that some may deem abusive. For instance, a doctor may decide that a senior is incapable of refusing or accepting medical care, in which case staff personnel may deliver care without the senior’s knowledge or confine the senior to prevent self-harm.

We shall follow the current precedents up until the litigation is resolved even if certain of the code’s sections pertaining to nursing home patients are now being examined as part of a lawsuit brought against the California Department of Health. Therefore, one strategy for defending against criminal claims of elder abuse is to claim that the purportedly harmful behaviors were, in reality, permitted by state law.

The harm was unintentional

The fact that the injuries sustained were inadvertent is still another potential defense against elder abuse. For instance, a fall or a hit from a caregiver might bruise the face. Your elder abuse defense lawyer might be able to gain testimony demonstrating that the injuries were more consistent with a fall or other accident than with abuse by hiring expert doctors to review the facts in the case.

The accused victim is incorrect or mistaken

Sadly, there are times when an old person may not be able to give an accurate account of their injuries. A senile patient may be remembering an incident that happened decades ago or mistaking the claimed abuser for someone else. An effective elder abuse defense lawyer will constantly take this potential into account and, if necessary, use it to support their client’s case.

If you have been accused of elder abuse, the next step for you is to contact Chambers Law Firm at 714-760-4088 for a free legal consultation.

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