Are there criminal penalties for nursing home abuse?
Yes, there are criminal penalties for nursing home abuse in North Carolina. According to the North Carolina Department of Justice, nursing home abuse is a felony offense, punishable by up to 10 years of imprisonment and/or a fine not to exceed $25,000. Depending on the severity of the incident, different charges may be filed, including elder abuse, neglect, exploitation, and assault. Elder abuse is considered a Class A1 felony and is punishable by life in prison. Neglect is a Class C felony, punishable with up to 11 months and 29 days imprisonment and/or a fine not to exceed $2,500. Exploitation is a Class D felony, punishable with imprisonment for up to 39 months and/or a fine not to exceed $5,000. When an assault is committed against a person in a nursing home, it is punishable as a Class H felony, with up to 7 months imprisonment and/or a fine not to exceed $2,500. In addition to criminal penalties, any responsible parties may also face civil liability. Civil lawsuits may be brought by or on behalf of the victim, as well as family members of the victim, and can seek restitution for medical bills, pain and suffering, as well as other forms of damages. It is important to note that criminal and civil proceedings are separate, with different burdens of proof. As such, a responsible party may face criminal charges but not be held liable in a civil lawsuit, or vice versa. It is important to contact an experienced attorney if you or a family member has been a victim of nursing home abuse in North Carolina.
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