California Proposed Elder Abuse Legislation May Lower Burden Of Proof

California Proposed Elder Abuse Legislation May Lower Burden Of Proof

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California Senate Bill 558 (Simitian) has passed the Senate Judicial Committee and is slated to go to the Senate Floor on or before May 13. This bill lowers the burden of proof for physical elder abuse act claims from clear and convincing evidence to a preponderance of the evidence. The preponderance standard requires the plaintiff […]

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Study of Psychotropic Medications in Nursing Homes: Confirms Off-Label Use, Use in Patients With Dementia, and Unnecessary Use

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Atypical antipsychotic drugs are approved by the FDA for treatment of mental illness, including schizophrenia and bipolar disease. Side effects include an increased risk of death in the elderly population with a diagnosis of dementia. Under Federal Medicare Guidelines, only drugs being used for medically accepted indications are eligible for reimbursement. Federal Medicare Guidelines also […]

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How does a Fraudulent Medical Record Help Prove Your Case?

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Typically, when a family member comes to my office, it is because their loved one has suffered a serious injury or even death under surprising or suspicious circumstances. We are called upon to review clinical charts and records and consult with experts to determine whether anyone did anything wrong and, if so, how egregious was […]

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