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Prosecution pitfalls in Virginia nursing home abuse & neglect cases

Unfortunately for victims of elder abuse or neglect in Virginia, many crimes in nursing homes or assisted living facilities go unreported. Even if they are reported, for a variety of reasons many elder crimes are never prosecuted.

Elder abuse victim silence

What makes elder abuse and neglect cases so difficult to prosecute? There are a variety of reasons, many stemming from the mental and emotional state of the victim. It is a sad fact that many nursing home residents have impaired cognitive abilities, and are either unable or unwilling to discuss crimes against themselves with facility staff or police.

If a victim is unwilling or unable to speak up, it is very difficult for police to pursue abuse or neglect crimes. Sometimes it takes the advocacy of determined family members to push for charges in an abuse case, especially if it involves embarrassing or humiliating circumstances such as sexual abuse or financial abuse.

Even if the family of a nursing home abuse victim is eager to pursue charges in an elder abuse or neglect case, there are other pitfalls awaiting such cases. Residents may ruin their own chances at justice by waiting to report that a crime was committed until they see their family or friends, by which time much of the evidence against their attacker is gone.

Nursing home staff and police problems

Sometimes nursing home staff members are part of the problem, either consciously or by accident. Staff members may try to hide evidence that a crime was committed, fearing for their jobs. Other times facility staff members clean up after an abuse or neglect incident, unwittingly destroying evidence.

Police and investigators are sometimes to blame for the failure of an elder abuse or neglect case to move forward. When faced with one of the above roadblocks, officers may decide that the case is too fraught with issues to pursue. Alternately, some law enforcement officers decide that a mentally ill or elderly attacker is better off in the nursing home than in prison. Officers have even rationalized that mentally ill perpetrators had no ill intent when they committed a crime against a fellow resident, and just need to continue to receive treatment at the facility.

Legal help for elder abuse victims and their families

Despite these pitfalls and roadblocks, it is possible to successfully prosecute cases of nursing home and assisted living abuse and neglect. You can greatly improve your chances of success in such a case if you act early and act quickly, hiring an experienced, knowledgeable elder abuse & neglect lawyer. Let the skilled personal injury attorneys at Weisberg & Zaleski help you defend your loved one’s rights. Contact their Norfolk office today for a discrete, no obligation review of your situation.

Weisberg & Zaleski, P.C.

112 College Place

Norfolk, VA 23510

Toll Free: (800) 690-0235

Phone: (757) 622-7740

Fax: (757) 533-9223




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