ATTORNEY NEWSLETTER
Caregiver Faces Assault Charges
79-Year-Old Victim Required Medical Attention
Local Police And State Authorities Investigate
Assault, including sexual assault and rape, are tragically a real risk in elderly care facilities. The reported incidents are horrifying. While the authorities may bring criminal prosecutions for these incidents, victims and their families should also seek civil recoveries against all parties responsible, including under certain circumstances, supervisors, administrators and facility owners. Evans Law Firm, Inc. represent victims of elder and dependent adult physical abuse in hospitals, nursing homes or other care facilities throughout the State of California. 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.
Cal. Welf. & Inst. Code § 15610.63.
If you are a loved one has been the victim of elder or dependent adult abuse in Santa Cruz County or elsewhere in California, call us at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Recently Reported Arrest For Assault[1]
Authorities recently announced the arrest of a care facility staff member on two charges of assault of an elderly facility patient. A joint investigation by the local Police Department and the State Attorney General’s office revealed that the suspect, while working as a caregiver at a residential care facility, did unlawfully injure and caused bodily injury to another person. Specifically, it is alleged that the caregiver placed the victim, a resident of the facility, in a headlock and struck the victim in the head, which resulted in the victim seeking medical attention. The victim is 79 years old according to the arrest affidavit. Due to the serious nature of the crime, the local police requested the assistance of the Attorney General’s office in investigating and prosecuting the case.
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.
