Elder Abuse Standard Of Proof To Be Lowered in California Indicates San Francisco Nursing Home Abuse and Neglect Lawyer Steven Peck

Written by Adam Peck Category: Elder Law January 26th, 2013 2 min read

SB 558 (Simitian) helps prevent physical abuse of elderly and dependent adults by providing stricter civil enforcement of the Elder and Dependent Adult Civil Protection Act (the Elder Abuse Act), which protects the rights of seniors and dependent adults living in nursing homes, other short and long-term care facilities or private homes. SB 558 strengthens enforcement of the Elder Abuse Act, but lowering the burden of proof from “clear and convincing evidence” to “preponderance of evidence.”

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 also show that neglect and abuse of nursing home residents have reached epidemic proportions. Yet many residents who suffer neglect and abuse find it virtually impossible to seek justice in court. The U.S. General Accounting Office (GAO) published a report in March 2002 Entitled “Nursing Homes: More Can Be Done to Protect Residents from Abuse.” The report cited the lack of protections afforded to abused nursing home residents.SB 558’s ” preponderance of the evidence standard” is consistent with financial abuse cases and most other civil causes of action, such as negligence and normal tort cases. The “clear and convincing evidence” standard is nearly impossible to meet, particularly in facilities where few witnesses to the abuse exist, and where the victim is also old, sick or disabled. The Elder Abuse Act has good intentions, but has a very difficult burden of proof for abuse occurring in a nursing homes.

Elder Financial abuse and negligence cases use the “preponderance of evidence”
standard proposed by SB 558.

Nursing home residents need protection from physical abuse already, and the
need will grow as more residents are in nursing homes and watchdog agencies’
funding decrease.

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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.