Penal Code 368 defines what California determines as the crime of elder abuse. Specifically, it categorizes elders and even adults who depend on 24-hour assistance from a health facility stemming from physical and mental issues as deserving special protection under the law.
The elder and dependent adult laws in the state of California vary greatly. Specifically, Penal Code 368 outlines the way that elder and dependent adult abuse can escalate to being tried as a criminal offense.
The best way to differentiate between criminal law and civil law is to look at the two following factors:
In summary, in civil law, a lawsuit can be brought to court by a private citizen and/or their representation. However, in criminal law, the lawsuit must be initiated by federal or state governments.
Although Belgum, Fry & Van Allen doesn’t specialize in the criminal aspects of elder and dependent adult abuse and neglect, we’re always willing to help facilitate proposed solutions to bring abusive and neglectful health professionals to justice.
Penal Code 368 outlines 12 different sections and is worth reading in full if you believe you’ve had an elderly or dependent loved one abused or neglected at the hands of nursing homes, or their dedicated caretaker.
After reading the law, keep in mind the 3 key points related to this code:
If you believe you or an elderly or dependent loved one has been abused at the hands of a family member, or health professional, don’t wait to bring them justice. The attorneys at Belgum, Fry & Van Allen offer a free evaluation form that concerned family members can use to get a free assessment of their case.Tags: nursing home abuse attorney orange county, penal code 368, proving elder abuse