New Legislation Introduced in California Regarding Elder Abuse Reporting and Burden of Proving Elder Abuse says California Elder Abuse Lawyer Steven Peck

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 1 min read

Lawmakers Introduce Bills To Crack Down on Elder Abuse says California Nursing Home Abuse and Neglect Attorney Steven C. Peck

California lawmakers have introduced legislation aimed at improving elder abuse reporting and making it easier to obtain convictions. Assembly member Mariko Yamada (D-Davis) introduced a bill (AB 40) that would require mandated reporters — such as nursing employees and social, health and law enforcement employees — to inform both an ombudsman and local law enforcement of suspected elder abuse. Currently, mandated reporters only are required to report cases to one of the two agencies. Meanwhile, Sen. Joe Simitian (D-Palo Alto) introduced a bill (SB 558) that would lower the burden of proof in elder abuse cases from “clear and convincing evidence” to a “preponderance of evidence.”

Plaintiffs’ lawyers have been fighting for many years to have the stiffer burden of clear and convincing evidence lowered to the preponderance of the evidence standard that was needed to prove elder abuse cases. Should the legislation pass, the new burden will conform with the burden of other personal injury matters, and give Elders and Dependent Adults an even playing field.

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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.