What is the difference between a civil and criminal nursing home abuse case?
In California, nursing home abuse cases can be treated as both criminal and civil cases. The primary difference between the two is who is responsible for bringing the case forward. Criminal cases are brought forward by the state, such as the local district attorney or the attorney general. The case is then adjudicated in criminal court, where the primary purpose is to seek punishment for the accused. The punishment can range from a fine to imprisonment for the accused. In addition, the accused can be ordered to pay restitution to the victim if found guilty. Civil cases, on the other hand, are brought forward by the individual who was the victim of the nursing home abuse. These cases are adjudicated in civil court, where the primary purpose is to seek compensation for the victim. The compensation can come in the form of damages for medical costs, pain and suffering, and other related costs. In addition, the defendant may be ordered to pay punitive damages, which are intended to serve as a deterrent to similar behavior in the future. Overall, criminal cases are meant to punish the accused, while civil cases are meant to compensate the victim. Both criminal and civil cases are important in protecting victims of nursing home abuse in California.
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