As of 2011, there were more than 100,000 residents in California nursing homes, according to the Kaiser Family Foundation. If a recent study is to be believed, nearly half of these residents have experienced elder abuse.1
In fact, the National Center on Elder Abuse (NCEA) reports that a study conducted in 2000 in which 2,000 nursing home residents were interviewed revealed 44 percent of those residents say they had been abused and almost all reported either being neglected or seeing a resident neglected.2 Only one in 24 incidents of elder abuse are reported, according to the Gerontological Society of America
California Elder Abuse Laws (California Penal Code Section 368(c))
Under PC 368(c), anybody who causes or allows an elderly person to suffer unjustified physical and mental pain is guilty of elder abuse. The law says that caregivers or custodians of elderly people must follow normal standards of care when caring for and treating the elderly. Those who willfully fail to do so, or those who act in a criminally negligent way when doing so may be charged with elder abuse.
Punishment for Elder Abuse in California (PC 368(c))
The punishment for elder abuse in California depends on if you are convicted of a felony or misdemeanor offense. If you are convicted of misdemeanor elder abuse, you face up to one year in county jail and a fine of up to $6,000. If you are convicted of felony elder abuse in California, you face two, three, or four years in jail.
Nursing homes generally have higher abuse rates if they:
- Lack experienced management
- Fail to adhere to established guidelines
- Fail to enforce clear policies and procedures, and
- Remain understaffed or staffed with poorly trained caregivers
If you have been charged with elder abuse, contact the criminal defense attorneys at Wallin & Klarich now.
Call the Elder Abuse Attorneys at Wallin & Klarich
If you or someone you love has been accused of elder abuse, you should speak with an experienced criminal defense attorney at Wallin & Klarich today. The attorneys at Wallin & Klarich have over 35 years of experience successfully representing our clients facing elder abuse charges.
With offices in Los Angeles, Torrance, Tustin, San Diego, Riverside, San Bernardino, West Covina and Victorville, our team of highly skilled elder abuse attorneys will use their knowledge and experience to help you get the best result possible in your case.
Call us today at (888) 280-6839 for a free telephone consultation. We will get through this together.
1. [http://kff.org/other/state-indicator/number-of-nursing-facility-residents/#table ]↩
2. [http://www.ncea.aoa.gov/Library/Data/ ]↩