At nursing homes all around the country, the age of their residents are changing. Consider that in California, the number of residents under 65 years old is up 40% compared to numbers in 1994. At the same time, residents over 65 years old are down by 11%. Today, about 20% of those in a California nursing home aren’t yet 65 years old. There are many reasons for this trend and one serious side effect: The number of nursing home abuse cases is on the rise.
Residents are protected by aggressive California laws
The good news is that in California, an allegation of nursing home abuse is taken as seriously as it should be. In fact, it’s a crime under both the penal code (criminal code) and is a civil offense under the Elder Abuse and Dependent Adult Civil Protection Act. A person guilty of nursing home abuse can not only spend time in jail, but they may be held responsible for economic and non-economic damages.
Consequences of criminal elder abuse
In California, elder abuse is defined a person knowingly and willingly causing or permitting unjustifiable pain or anguish on an elderly person, or placing a senior into a situation in which their health is in danger. California defines an elderly person as someone who as 65 or older. A conviction for elder abuse can result in as much as four years in prison and sentencing enhancements may be applicable in the event the elder died or suffered great bodily harm.
20% of people in nursing homes are not yet 65 – which means they can’t be tried for elder abuse. Instead, a prosecutor will have to charge them with any number of other crimes, such as negligence, battery, infliction of emotional distress, or assault.
Civil charges of criminal elder abuse
An elder who’s abused can seek damages under the California’s Elder Abuse and Dependent Adult Civil Protection Act. This Act also gives families of victims the right to sue as well. Some of the damages that can be included are:
- Special damages like hospital stays, therapy, medical costs, rehab, home-health aids, or, in the worst-case scenario, funeral expenses.
- General damages can include loss of consortium, pain, suffering, and anguish.
Note that the elderly are also often the victims of financial fraud. It’s possible to seek damages for this type of abuse, and in some cases punitive damages may even be appropriate.
Those under 65 years old have options too
As is the case with criminal courts, a person that’s under 65 in a nursing home can’t sue for nursing home abuse – but they can sue for a number of other offenses. For example, if they suffer a slip and fall accident as the result of neglect, then they may be able to sue for damages. To learn more about your options, reach out to Law Offices of Michael A. Kahn at (310) 209-1600 for a free case evaluation.
