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Nursing Home Neglect Can Result In Criminal Charges

Nursing home abuse and neglect is a tragic issue that affects many elderly and incapacitated individuals across the country and throughout the Commonwealth of Virginia. Most citizens are aware of the fact that victims of elder abuse and nursing home neglect can be sued in court and required to pay civil damages to the victim or the victim’s estate for his or her wrong actions. However, some cases are so severe that neglectful and abusive caretakers may end up facing criminal charges.

A criminal sentence was recently handed down in a neglect case to a Virginia woman who was found guilty of failing to provide suitable care to her elderly and incapacitated mother. The victim eventually died from “pneumonia due to corporeal emaciation and inanition due to chronic starvation.” Prior to her death, the 83-year old woman had been suffering from Parkinson’s disease, dementia and hypertension for several years.

Her daughter had been appointed as her legal guardian and primary caregiver by the court. Other family members also assisted in caring for the elderly woman from time to time. Shortly after the daughter was appointed to fill the role of the elderly woman’s guardian and caretaker, she was hospitalized due to severe weight loss and a fluid build up in lungs. The woman’s health improved after a short period of hospitalization.

A few years later the elderly woman was hospitalized again for a broken hip. At this time, the woman’s doctor informed the caretaker that the woman needed regular exercise to prevent bedsores and pneumonia. The caretaker hired a home health aide for a period of time to help with her mother’s rehabilitation.

The elderly woman was admitted to the hospital for another broken hip two years later. The woman went through a second rehabilitation program and reportedly healed from her injury. According to the reported evidence in the case, the woman became mobile and able to walk again. She returned home and remained in the care of her daughter. Family members testified that the elderly woman’s weight began to decrease dramatically.

Sometime later, the woman’s daughter and caretaker called an ambulance to the woman’s home. The daughter claimed that her mother had not eaten for the past day and was dehydrated. The emergency medical technicians found the elderly woman sitting in a chair, unresponsive and severely dehydrated. Her state was so severe that she required advanced life support. When the woman arrived at the hospital, doctors reported that she was extremely emaciated and suffered from severe bedsores.

The woman’s daughter told the hospital staff that her mother had not eaten for two days, however, the medical staff believed that it would take much more than two days for the woman’s health to deteriorate to the extent that it had. The elderly woman died a short time later and her daughter was charged and convicted with violating Section 18.2-369 of the Virginia Code.

If you or a loved one has been the victim of nursing home or caregiver abuse, an experienced Virginia nursing home abuse attorney may be able to help. Elderly and incapacitated individuals rely on the care that is provided by nursing homes, hospitals and home health aides to satisfy their day-to-day needs. Individuals who abuse or neglect others who are unable to care for themselves should be brought to justice.


Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com