Despite strict California laws on the protection of elders and dependent adults in care facilities, assault and battery cases can still take place. If you suspect battery assault on an elder loved one in a nursing home in San Diego, California, you should not hesitate to report the incident to the care facility administrator and to local law authorities.
Depending on the case, and especially if the nursing home administrators have failed in their duties at reporting the suspicion of abuse and violence, you may choose to work with an assault and battery lawyer.
Through the committed help of an assault and battery lawyer in California, it is possible to seek for damages or pursue punitive legal action against liable parties.
Similarly, if you have been wrongfully slapped with assault charges, you may seek representation from a trusted defense attorney.
How Are Elders Protected from Assault and Battery in Nursing Homes in San Diego, California?
Seniors, as well as dependent adults, are protected from battery assault through the EADACPA state law in California. EADACPA stands for Elder Abuse and Dependent Adult Civil Protection Act.
Article 3 of this Act explicitly states the importance of immediately reporting any form of abuse on elders in care facilities to the local law enforcement agency. The administrators, nurses, nursing assistants, and anyone involved in the care of elders in a nursing home are considered to be mandated reporters of any suspicion regarding assault and battery in elders. This includes administrators and employees in nursing homes and care facilities in San Diego, California.
The failure to comply with this mandatory reporting of possible neglect, financial abuse, and isolation of an elder is considered a misdemeanor by California law.
If you suspect that your loved one has been neglected or subjected to battery assault in a care facility, you need to seek the advice and representation of an assault and battery lawyer.
This is crucial especially if the administrators and employees of the nursing home have failed to report the abuse or assault to the authorities. This neglectful failure to report battery assault and other abuses may cost the nursing home a misdemeanor charge and up to six months in a county jail, including a fine of $1,000.
Any mandated reporter that willfully prevents the reporting of battery assault on an elder or dependent adult will suffer harsher penalties, including imprisonment of up to a year and as much as $5,000 in fines.
What Are Some Battery Assault Cases in Nursing Homes in San Diego, California?
Although assault and battery may not necessarily take place in all nursing homes in San Diego, California, there’s no denying the grim reality of these abusive cases on elders and dependent adults.
A nursing aide may lose their temper and physically strike a dependent adult who may also be suffering from temper problems himself or herself. Or, a caregiver may lash out at an elder who refuses to cooperate during mealtimes and medication administrations. Although a nursing home may justify these actions to be ‘necessary’ in order to make an uncooperative elder behave, it is still unethical and completely unlawful.
These actions can be classified as battery assault, especially if the intent to hurt has already translated into a violent physical act. An assault and battery lawyer in San Diego, California, will help you in obtaining evidence against an abusive facility and all responsible parties.
Whether you are fighting for your own case or for the sake of a family member, the help of an assault and battery lawyer is highly important.
What Should I Do If I Have Been Wrongfully Accused of Assault and Battery?
On the other hand, it is also possible for anyone who works in a nursing home to be mistakenly accused of assault and battery. Battery assault and other violent actions typically carry with them a harsh punishment, including jail time and expensive fines.
If you have been wrongfully accused of battery assault in a care facility in San Diego, California, consult with an assault and battery lawyer immediately.
Talk to an Assault and Battery Lawyer at San Diego Criminal Law Firm for your Case in California
Assault and battery cases in nursing homes are especially alarming, especially since vulnerable patients are less able to defend themselves. If you suspect that an elder loved one has been attacked or threatened by a nurse or caregiver, talk to an assault and battery lawyer at San Diego Criminal Law Firm.
Similarly, if you have been mistakenly accused of assault by an elder or a facility administrator, you have the right to committed legal representation. Contact San Diego Criminal today for your assault and battery case in San Diego, California.