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Author Archives: Adam Peck

 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.
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Elder Abuse Act in California Must Be Amended To Sustain Medical Elder Abuse by A Proponderance of the Evidence

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The Elder Abuse Act was added to the Welfare and Institutions Code in 1982. “`In 1982, the Legislature recognized “that dependent adults may be subjected to abuse, neglect, or abandonment and that this state has a responsibility to protect such persons.” [Citation.]’ It adopted measures designed to encourage the reporting of such abuse and neglect. (§ 15601 et seq.)

Subsequent amendment refined the 1982 enactment, but the focus remained on reporting abuse and using law enforcement to combat it [Citation.] . . . . In the 1991 amendments . . ., the focus shifted to private, civil enforcement of laws against elder abuse and neglect. `[T]he Legislature declared that “infirm elderly persons and dependent adults are a disadvantaged class, that cases of abuse of these persons are seldom prosecuted as criminal matters, and few civil cases are brought in connection with this abuse due to problems of proof, court delays, and the lack of incentives to prosecute these suits.” (§ 15600, subd. (h), added by Stats. 1991, ch. 774, § 2.) It stated the legislative intent to “enable interested persons to engage attorneys to take up the cause of abused elderly persons and dependent adults.” (Id., subd. (j).)'” (Delaney v. Baker (1999) 20 Cal.4th 23, 33.)

The Elder Abuse Act (EADACPA) was recently amended to allow aggrieved plaintiffs to prove financial elder abuse by a preponderance of the evidence. 

Medical Elder Abuse

SB 558 was introduced a few years ago to change / modify the existing clear and convincing evidence standard still need to sustain medical and physical elder abuse claims in the State of California and to lower the burden of proof to the same preponderance of evidence standard now the law as it regards financial elder abuse cases.

SB 558, legislation initiated to lower the burden of proof from clear and convincing evidence standard to a preponderance of evidence standard,  has stalled in the California Legislature do to the high powered lobby of both the hospital and health care lobbies and the enormous amount of money they have used to defeat this legislation in the State of California.

Therefore, medically and physically abused and neglected elders and dependent adults are held to a higher standard of proof to prove their personal injury claims under the Elder Abuse Act.  We need to change this injustice!!!  Please notify your legislators both here in California and all over the United States of America that elder abuse and neglect shall not be tolerated. and that the burden by reduced in line with ordinary personal injury matters to a preponderance of evidence.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care.  Our experts and our attorneys have superior knowledge and know-how in handling these type of matters from inception to Trial if need be.  You will receive superior representation and, of course, the best possible result based upon our know-how and expertise.

Call us Now.  THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll-free at (866) 999-9085.

– from Steven Peck, Senior Attorney at Peck Law Group
 

Baby Suffers Permanent Brain Injury Due to Lack of Oxygen

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baby suffers permanent brain injury due to lack of oxygen

A baby suffers permanent brain injury due to lack of oxygen and physician incompetence. A Los Angeles man has filed a lawsuit against a Los Angeles physician, alleging he acted negligently and caused his son to suffer permanent brain injury.

Mr. Bone said his son was born limp in 2012, showed signs that he needed medical attention and was taken by ambulance to Centinela Medical Center.

Bone said his wife Sarah decided on natural childbirth when she was pregnant with her son Fred.

According to the lawsuit, Bone said he notified the physician assistant on the evening of September 3 , 2012, that his wife’s Sarah’s contractions had begun and that she had started leaking amniotic fluid. the doctor and the doctors assistant and Fred Bone arrived at Bone’s home the following morning, Bone said.

On the advice and direction of the physician assistant , Sarah Bone said, she started pushing to deliver her baby on the afternoon of September 5 , 2012 and gave birth that night, eight hours later.

At the hospital, the Physician assistant gave doctors inaccurate information, including that Bone’s water broke just three hours before delivery and that she had been in labor for three to four hours, according to Peck.

Fred Bone said the physician assistant also told doctors that the infant went limp after he was born and that he was given oxygen. The baby was not given oxygen, Bone said.

Bone said the physician should have been taken to the hospital for an emergency cesarean section. Bone also said the physician did not know the baby was in respiratory distress because he did not use a fetal heart monitor during the delivery.

Bone said the child has permanent brain injury because of a lack of oxygen at birth.

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Have you ever endured a birth injury or a loved one? Click to read more posts abut birth injuries.

Residents With Bed Sores Are More Likely Than Not Subject to Death In a Long Term Care Facility says California Nursing Home Abuse and Neglect Lawyer Steven Peck

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According to a study performed by the University of California in Los Angeles (UCLA), seniors who develop bedsores also known as pressure sores and decubitus ulcers are more likely to die while at the hospital. In addition, patients with bedsores are also more likely to have a longer hospital stay and be admitted more than once.

The study, which can be now be found in the Journal of American Geriatrics Society, followed over 50,000 elderly patients in hospitals across the nation throughout 2006 and 2007. The study found that the majority of patients who were admitted to the hospital with bed sores were victims of previous chronic illnesses, such as heart disease, diabetes, pulmonary disease, and more.

At least 4.5% of the bed sores were acquired while staying in the hospital. However, it’s important to note that bed sores are also an overwhelming problem in nursing homes across the nation. Close to 3,000 of the patients already had bed sores before their hospital stay, which could have possibly stemmed from nursing home abuse and neglect, improper care by loved ones, or pre-existing conditions.

According to Dr. Courtney Lyder, head dean at UCLA’s nursing department and the lead investigator of the study, the most serious types of bed sores are the ones that are acquired while the patients are in the hospital:

“Hospital-acquired pressure ulcers also known as Bed Sores and Decubitus Ulcers were shown to be an important risk factor associated with mortality,”

If you have an elderly loved one, it’s imperative to always check for bed sores and take proactive measures to prevent them. Be certain that their position is changed often if they are unable to move around. In addition, make sure they eat a well-balanced meal and drink plenty of water each day. If your loved one is in a nursing home, be sure to check for bed sores consistently and follow up with caregivers to ensure that preventative measures are being executes.

The PECK LAW GROUP specializes in personal injury matters relating to Serious and Catastrophic Injury, Nursing Home Abuse and Neglect, Bed Sores, Decubitus Ulcers, and Pressure Sores, Medical Malpractice, Surgery Errors, Traumatic Brain Injury, Birth Injury and Wrongful Death that are determined to be a breach of the standard of care.  Our experts and our attorneys have superior knowledge and know how in handling these type of matters from inception to Trial if need be.  You will receive superior representation and of course the best possible result based upon our know how and expertise.

Call us Now.  THE PECK LAW GROUP In Southern California at (818) 908-0509; In Northern California at (925) 808-5708; or all across the United States toll free at (866) 999-9085.

When the patient died, Herman said, the nursing home was owned by Horizon West Healthcare, which in 2010 was hit with $29.1 million in elder abuse damages in connection with the death of a patient at another of its facilities.

 

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