Elder Abuse Act in California Must Be Amended To Sustain Medical Elder Abuse by A Proponderance of the Evidence

Written by Adam Peck Category: Elder Abuse April 2nd, 2013 3 min read

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

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Written by Adam Peck

Expertise: Personal Injury

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.