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.
Although elderly residents are awarded certain nursing home rights, some facilities, either unknowingly or intentionally, may violate these basic rights. If you suspect your loved one is being abused in a nursing home or otherwise deprived of their nursing home resident rights, such as bed sores, dehydration, malnutrition, under staffing, physical abuse, you should immediately contact us toll free at 1.866.999.9085 or on-line at www.thepecklawgroup.com for a free thorough case review and evaluation. This case review is being offered at no cost and shall help determine whether you should take legal action on behalf of your elder / dependent adult loved one. We Will Help You!!!
