ATTORNEY NEWSLETTER
Statutory Definition Of Physical Abuse
Case Example
Remedies For Elder Abuse
Elderly patients may be victims of both physical abuse or neglect and financial elder abuse at the hands of the very caregivers they pay to protect them. A dishonest caregiver’s physical abuse or neglect of an older patient may be part of the financial abuse scheme as when a caregiver keeps a senior out of it by excessive medication or uses threats of abuse as a way of extorting money or gifts. Or a family member may be struggling with a drug addiction and use violence to get money for drugs. Or a caregiver may be so fixated on stealing from the senior that actually caring for them means nothing. Whatever the explanation, the combination of physical abuse or neglect and financial elder abuse is a twisted, often fatal nightmare for a defenseless senior. Any form of physical and financial elder abuse constitutes a crime and is the basis for civil liability against the abuser and anyone assisting him or her. See Penal Code § 368 (crime of elder abuse); Cal. Welf. & Inst. Code § 15610.30 (definition of financial elder abuse); Cal. Welf. & Inst. Code § 15610.63 (definition of physical abuse). Physical elder abuse 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, or former Section 262 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal Code.
(4) Incest, as defined in Section 285 of the Penal Code.
(5) Sodomy, as defined in Section 286 of the Penal Code.
(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.
(7) Sexual penetration, as defined in Section 289 of the Penal Code.
(8) 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.
If you or a senior loved one has been the victim of any kind of elder abuse, including neglect, physical, emotional and financial elder abuse in the San Francisco Bay Are or elsewhere the State of California, call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Simultaneous Physical And Financial Abuse
In one particularly horrific reported case[1], a man injured a deputy while being arrested recently for alleged elder abuse, making criminal threats, and battery, among other allegations. Police initially responding to a call that the man was threatening his elderly parents and was destroying their home. According tom reports, deputies arrived to find the man allegedly yelling intelligibly in Spanish and breaking the glass out of the windows. His parents told deputies he threatened to “kill his father by ripping his heart out of his chest” and they believed he was on drugs. Deputies entered the residence and found the man inside his bedroom, armed with a make-shift weapon. As deputies took him into custody, he allegedly caused a minor injury to one of the deputies.
He was booked on suspicion of elder abuse, criminal threats, resisting arrest, possession of methamphetamine, and possession of drug paraphernalia.
Pursuing Parties Responsible For Elder Abuse
Whenever you suspect any type of abuse of an older loved one, neighbor, or friend, report suspicions of elder abuse to the police and Adult Protective Services immediately and call qualified elder abuse counsel. Official reporting is important, but victims and families should pursue all civil remedies available to senior victims under California elder abuse law, and the public authorities cannot prosecute those civil claims for you. Our lawyers handle elder abuse cases of all varieties and know the remedies and extra damages to which you or your victimized loved one is entitled. Our lawyers also understand that multiple parties may share in responsibility for any abuse. In addition to all legal and equitable remedies, California courts also award attorneys’ fees to victimized seniors in certain cases and this can ease the burden of bringing a suit. Cal. Welf. & Inst. Code § 15657.5.
Contact Us
Ingrid M. Evans and Evans Law Firm, Inc. represent seniors and their families in the San Francisco Bay Area and throughout California in bringing lawsuits against any persons or businesses responsible for the abuse. Ingrid and our other elder abuse attorneys 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. was not involved in any way.
