Common Defenses In Nursing Home Abuse Cases

Some of today’s nursing homes have become places where elderly residents get injured or die. When the family of the senior citizen entrusted them to the care of the facility, they had the assumption that their loved one is in good hands for spending the last years of their life. Unfortunately, the elderly gets subjected to physical abuse and left with serious injuries. As a result, the family of the elderly files a case to make the nursing home liability for the injuries.

Cases involving physical elder abuse can be long and complicated. Both defense and prosecution will gather evidences to get a favorable verdict. The nursing home will hire the best lawyer to get themselves out of the liability to the elderly individual. Their lawyers will use several defenses to bail their clients out of liability. Some of the common defenses will include:

Lack of Criminal Negligence

To get an acquittal for their client, lawyers will argue that there was no criminal negligence involved in the case. While the action was careless, negligence should also be present.

Lack of Intent

The lawyer will also use lack of intent in defending their client against any liability. They will prove that the accused did not willfully act in a manner that would cause harm to the elderly.

Victim Was Below 65 Years Old

Under the law, the victim should be more than 65 years old in order for the accused to be convicted. However, the defendant may still be criminally liable according to state laws.

Accused Was Unaware That Victim Was More Than 65 Years Old

The law stipulates that there should be knowledge on the part of the accused that the victim was over 65 years old. The defense can use the age factor as a reason for not being liable for elder abuse.

These are just some examples of defense that a lawyer will use to keep nursing homes from being liable for abuse or neglect of elderly residents.

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