Physical Elder Abuse in CA: What Counts as a Crime vs. a Civil Claim

Physical elder abuse can lead to both criminal charges and a civil lawsuit. California law protects people who are age 65 or older from many forms of physical harm. The legal path depends on what happened and who caused the harm. Available evidence also affects the case. A California elder abuse lawyeri can explain whether the facts may support a civil claim even when no criminal case has been filed.

What does California consider physical elder abuse?

California law defines physical elder abuse more broadly than many people expect. It includes assault and battery. It can also include unreasonable physical restraint or the prolonged deprivation of food or water.

Physical abuse may involve sexual assault. It may also involve the improper use of restraints or medication. For example, a caregiver may use medication as punishment or keep an older adult restrained longer than a doctor ordered.

The harm does not always leave a visible injury. Pushing or striking an older adult may qualify even when bruising is minor. Rough handling that causes pain may also raise concerns.

When can physical elder abuse be a crime?

California Penal Code section 368 makes certain conduct toward an elder a crime. A person may face charges if they know or reasonably should know that the victim is an elder and willfully cause unjustifiable physical pain or mental suffering.

The law also applies when a caregiver willfully allows an elder to be injured or placed in danger. Conduct likely to cause great bodily harm or death can lead to more serious charges. Less dangerous conduct may still be charged as a misdemeanor.

Other criminal laws may also apply. An alleged abuser could face charges for battery or false imprisonment. The prosecutor decides whether to file charges. The state must prove the criminal case beyond a reasonable doubt.

When can the same conduct support a civil claim?

A civil claim focuses on the harm suffered by the older adult. The victim or an authorized representative may bring the claim against the person who caused the abuse. “In some cases, a care facility or another responsible business may also be liable, especially when abuse or neglect leads to a serious injury or wrongful death in a nursing home.”

A civil case does not depend on a criminal conviction. A claim may still move forward if police do not make an arrest or the prosecutor does not file charges. The evidence required in a civil case is generally lower than the proof required for a criminal conviction.

The same event can therefore result in both types of cases. A criminal prosecution seeks punishment. A civil lawsuit seeks relief for the victim.

What damages may be available in a civil case?

A civil claim may seek payment for medical costs and physical pain. It may also seek compensation for emotional suffering. The available damages depend on the injuries and the facts of the case.

California’s Elder Abuse and Dependent Adult Civil Protection Act can provide added remedies in some cases. To receive those remedies for physical abuse, the plaintiff generally must prove the abuse by clear and convincing evidence. The plaintiff must also show recklessness or malice. Oppression or fraud may also satisfy the law.

When those requirements are met, the court must award reasonable attorney fees and certain costs. A California elder abuse lawyer can review whether the evidence may support these added remedies or another civil claim.

What evidence can help prove physical abuse?

Photos of injuries can show bruises or restraint marks. Medical records may connect those injuries to the reported event. Statements from the older adult can also be important.

Other useful evidence may include video footage or staff records. Witnesses may have seen rough handling or heard threats. Facility records may show who was working when the harm occurred.

Families should preserve evidence as soon as possible. Records can be lost and injuries can heal. A prompt medical examination can protect the older adult while creating a record of what happened.

What should a family do after suspected abuse?

If an older adult faces immediate danger, call 911. The person may need medical treatment or a safe place to stay. Suspected abuse in a care facility may also be reported to the appropriate state agency or local long-term care ombudsman.

A family does not have to wait for a criminal investigation to ask about civil rights. The Law Offices of David M. Jamieson can review the circumstances and explain possible next steps. Speak with a California elder abuse lawyer by calling (209) 318-4433 or filling out our online form to schedule a consultation.