An expert elder abuse attorney may have several different options for your defense
Being accused of elder abuse can be an extremely unpleasant experience. Individuals caring for their own relatives at home may feel shocked and betrayed by accusations from elderly loved ones, while nursing home employees can have their reputations ruined by allegations, even when those allegations are later proved to be false. Elder abuse can take many different forms, including physical abuse, emotional abuse, neglect, endangerment, and financial exploitation, some of which come with very serious penalties. If you have been accused of any type of elder abuse, it is important that you seek legal aid immediately. The sooner you contact an expert elder abuse defense attorney, the sooner they can begin building a defense, perhaps based on one of the following three ideas.
The Action Was Not Abuse
Under the current version of the California Health and Safety Code, which was passed in 1992, nursing homes and their employees are legally permitted to take measures some might consider abusive. For example, a physician may determine a senior lacks the capacity refuse or accept medical treatment, in which case staff members may administer treatment without consent or use restraints to protect the senior from self harm. Currently, some of the provisions of the code relating to nursing home residents are being reviewed as part of a lawsuit filed against the California Department of Health, but until the lawsuit is complete we will go by the current precedents. Therefore, one option for criminal defense against elder abuse charges is to argue that the allegedly abusive actions were in fact legal under state law.
The Injury Was Accidental
Another possible defense against elder abuse is that the injuries suffered were accidental. For example, bruising to the face could be caused by a blow from a caretaker or a fall. By recruiting expert physicians to examine the evidence in the case, your elder abuse defense attorney may be able to secure testimony proving that the injuries were more consistent with a fall or other accident than with abuse.
The Alleged Victim Is Mistaken or Confused
Sadly, in some cases an elderly individual may lack the mental capacity to provide reliable testimony about their injuries. In the case of a senile patient, they may be recalling an incident that took place decades ago or confusing the alleged abuser with another individual. A good elder abuse defense attorney will always consider this possibility and incorporate it into their client’s defense as appropriate.
