Elder Abuse Standard Enforcement In California Is Moving Toward A Preponderance of The Evidence According to Los Angeles Nursing Home Abuse and Neglect Lawyer Steven Peck

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

The Consumer Federation of California supports SB 558 (Simititan) because it would allow elder abuse both physical and neglect to be enforced using a preponderance of the evidence standard indicates California Nursing Home Abuse and Neglect Lawyer Steven Peck.

As the bill author noted, “It is estimated that over 132,000 elders in California are abused every year. However, for every abuse reported, research has found that at least 5 others go unreported, making the actual number of abused people much higher than the reported rate. Studies show that neglect and abuse of nursing home residents have reached epidemic proportions. A report by the Centers for Medicare and Medicaid Services found that at least 91% of homes have been cited for health and safety deficiencies. Yet many residents who suffer neglect and abuse find it virtually impossible to seek justice in court.”

This bill will strengthen protections for California’s most vulnerable consumers: seniors. SB 558 (Simitian) will empower elderly adults and their advocates to pursue necessary legal protection.

Current law provides elder abuse civil cases are litigated with a higher legal standard than what is used in civil financial abuse cases: clear and convincing evidence. This bill would correct this anomaly, and give seniors and senior advocates a more appropriate, effective tool for holding elder abusers accountable.

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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.