There are instances where a nursing home abuse case may not be provable, or even result in a hung jury and a retrial. One particular South Dakota case demonstrates that clearly. Even though it happened in another state, it could just as easily happen in California.
In the South Dakota case, an ex-nursing home aide was charged and tried for felony elder abuse. She allegedly yanked a 76-year-old woman’s hair and forced her to take her medications by holding her down. She was also accused of pushing and shoving the woman by her breast, causing bruising and pain.
At trial jurors were told there was no evidence the incident, which happened late at night, did involve violence against the woman, or that the bruising on the woman’s chest was not the result of her falling out of bed. The woman apparently did not scream and her roommate had no recollection of anything happening. The jury could not reach a unanimous verdict, one way or the other. They were dismissed, and there is the possibility of a second trial.
If you suspect your loved one is being abused, contact my office. We need to get to the bottom of those suspicions and take action should it be necessary. We are experienced in handling cases such as this one.