Is Nursing Home Abuse a Felony?
Nursing home abuse involves the mistreatment, neglect, or exploitation of residents in long-term care facilities. It includes physical abuse, emotional abuse, neglect, financial abuse, and abandonment. Whether abuse is considered a felony depends on the specific circumstances and the laws of the jurisdiction in question. California has enacted laws to address elder abuse, including abuse that occurs in nursing homes.
The California Penal Code, Section 368, specifically addresses crimes against elders and dependent adults. It states that it is a criminal offense to engage in physical abuse, neglect, financial abuse, or endangerment of an elderly or dependent adult. Depending on the severity of the abuse and the specific actions involved, charges can range from misdemeanors to felonies (a type of offense known as a ‘wobbler’).
Whether nursing home abuse is charged as a felony in California depends on the nature and extent of the abuse. Some factors that may elevate the charges to felony status include:
Severe Physical Abuse
Inflicting serious bodily harm or injuries on an elderly resident may result in felony charges. This could include actions such as physical assault, beating, or any form of violence that causes significant harm.
Financial Exploitation
If a caregiver or staff member in a nursing home engages in financial abuse, such as stealing money, forging signatures, or manipulating an elderly resident for monetary gain, they could face felony charges.
Endangerment
Placing an elderly person in a situation that poses a significant risk to their health or safety may result in felony charges. This could include actions that create a substantial risk of physical or mental harm.
Nursing home abuse cases often come to light through reports made by concerned family members, other residents, or facility staff. Once a report is made, an investigation may be initiated by law enforcement or Adult Protective Services. If the evidence supports criminal charges, the case may proceed to prosecution.
Find out more about Penal Code 368 here.
Penalties for Felony Elder Abuse
Individuals convicted of felony elder abuse under California law may face severe legal consequences, including imprisonment, fines, restitution to the victim, and other penalties. The specific penalties depend on factors such as the severity of the abuse, the criminal history of the perpetrator, and any aggravating circumstances.
In addition to criminal charges, victims of nursing home abuse or their families may pursue a civil action. By filing a lawsuit against the facility, families can seek compensation for medical expenses, pain and suffering, and other damages resulting from the abuse.
Depending on the circumstances, nursing home abuse may indeed be charged as a felony, especially when the actions involve severe harm, financial exploitation, or endangerment of an elderly adult. It is crucial for family members and loved ones to be vigilant, report any signs of abuse promptly, and seek both criminal and civil remedies to hold perpetrators accountable and ensure the safety and well-being of vulnerable individuals in nursing homes and assisted living facilities.
If you suspect a loved one has been the victim of nursing home abuse in San Francisco, contact a nursing home abuse attorney.