ATTORNEY NEWSLETTER
Allegations of Kicking And Shoving Two Developmentally Disabled Adults
Alleged Assaults Occurred In Group Care Home
Charges Of Assault And Dependent Adult Abuse Pending
Evans Law Firm, Inc. represent victims of dependent adult abuse in hospitals, nursing homes or other care facilities throughout the State of California. Elders and dependent adults may reside in small care or group homes and those individuals are at risk of neglect and abuse in those settings as well. A recent arrest, discussed belo0w, describes what can happen to dependent adults at the hands of staff. Any form of physical abuse may constitute criminal assault and also the crime of dependent adult abuse. Penal Code § 368 and Cal. Welf. & Inst. Code § 15610.63 (definition of elder and dependent adult physical abuse). Under California law, physical abuse of an elder or dependent adult means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
Our lawyers believe owners, management, administrators and staff should be held accountable for any physical abuse of an elder or dependent adult. We know how to investigate these cases and sue the responsible parties for all remedies available to victims and their families. If you are a loved one has been the victim of elder or dependent adult abuse, call us at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recently Reported Case Of Alleged Abuse Of Dependent Adults[1]
In the reported case, a caregiver woman was recently arrested on warrants accusing her of assaulting two developmentally disabled men in her care. According to court records, on Oct. the caregiver was entrusted with the care of two developmentally disabled men at a care home. She is accused of pushing one several times with enough force that he fell down and forcefully kicking the other. Warrants for felony assault and dependent adult and patient abuse were issued for her arrest. Charges are pending.
Evans Law Firm Represents Victims of Elder and Dependent Adult Abuse
If you have any suspicions whatsoever that your loved one is suffering any kind of abuse, call us. Always act on your instincts. We will pursue any individual responsibility for the abuse as well as their supervising employers, agencies, and owners of the facility in which your loved one resides. Relief includes damages for pain and suffering, punitive damages where available and an award of the attorneys’ fees and expenses you’ve incurred in bringing your case.
Contact Us
Ingrid M. Evans can be reached at (415) 441-8669, or by email at info@evanslaw.com. Our toll-free number is 1-888-50EVANS (888-503-8267).
[1] Evans Law Firm, Inc. is not involved in the case in any way.
