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Posted on 2/27/2010

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Posted on 11/30/2009

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Posted on 9/30/2009

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Posted on 8/28/2009

State Attorney Generals raise concerns about CMS Nursing Home Rating System
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Abuse investigation of Virginia nursing home workers
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Nursing Home Abuse

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Nursing Home Abuse

If you have made the difficult decision to place a loved one in a nursing home or assisted living facility, the last thing you expect is for that person to be abused or neglected by the very people responsible for their care.  You may even blame yourself for the abuse or neglect, believing that you could have done more to prevent it.  It is important to realize that it is not your fault.  The individual who perpetrated the abuse and the institution where it occurred are the real guilty parties.  You have every right to expect the best care for your loved one, and if the unthinkable happens you have every right to seek justice and compensation from the negligent parties.

The Norfolk, Virginia based attorneys at Weisberg & Zaleski, P.C. have defended the rights of Virginia’s men and women for over 30 years.  We believe that it is you and your loved one’s job to recover from the devastating effects of nursing home abuse and neglect, and our job to take care of everything else.  You have already faced enough stress and difficulty, and we want you to take care of yourself and your family while we make sure that the people responsible for your situation are brought to justice.

Nursing home abuse and neglect in Virginia

The Code of Virginia defines adult abuse and neglect as follows:

  • Adult abuse: the willful infliction of physical pain, injury or mental anguish or unreasonable confinement of an adult.
  • Adult neglect: occurs when an adult is living under such circumstances that he or she is not able to provide for him or herself or is not being provided services necessary to maintain his or her physical and mental health.  In addition, the failure to receive such necessary services impairs or threatens to impair his or her well-being.

If you suspect that your loved one is having problems in their nursing home or assisted living facility, according to the Virginia Department of Social Services these are some types of abuse and neglect that you need to be aware of:

  • Types of abuse: battery and other forms of physical violence including, hitting, kicking, burning, choking, scratching, rough-handling, cutting, and biting, etc.  Abuse includes sexual assault, inflicting pornography, voyeurism, exhibitionism, and other forms of forced sexual activity on an elder or an incapacitated adult.  It also includes any sexual activity with an adult who is unable to understand or give consent, the control of an adult through the use of threats or intimidation, and the abuse of a relationship of trust.
  •  Types of neglect:  Neglect includes malnourishment, dehydration, the presence of pressure sores, inadequate personal hygiene, inadequate or inappropriate clothing, inadequate or inappropriate supervision, extreme filth of person or home, severe pest/rodent infestation, offensive odors, inadequate heat, lack of electricity, or refrigeration, or untreated physical or mental health problems.

If you are looking for an experienced Virginia nursing home abuse or neglect personal injury attorney who will fight for your rights while you and your family recover, look no further than Weisberg & Zaleski, P.C.  With over 30 years of experience defending men and women in Virginia who have been the victims of abuse and neglect, we will do everything in our power to ensure that you receive the compensation and justice you deserve.

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223

Serving the Following Virginia Cities and Counties:
Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Poquoson, Newport News, Williamsburg, Suffolk, Franklin, Smithfield; York, James City, Gloucester, Matthews, Isle of Wight, Surry, Southampton, Northampton, Accomack Counties.

Blog for Nursing Home Abuse

Library for Nursing Home Abuse:

  • Prosecution pitfalls in Virginia nursing home abuse & neglect cases   
    Description: Crimes against Virginia nursing home or assisted living residents can be difficult to prosecute, for a variety of reasons. Sometimes the residents themselves are reluctant or unable to speak up, or staff members unwittingly destroy evidence, and at times the embarrassment or difficulty of a case causes family member or police to give up an elder abuse or neglect case investigation.
  • Sexual abuse in Virginia nursing homes   
    Description: Elder sexual abuse may be a more common problem in Virginia nursing homes than most people realize. Nursing homes and assisted living facilities struggling with budget and staffing problems may be more likely to take in residents with a history of violent behavior or mental disorders, and they may be less likely to notice when residents sexually abuse one another. Sadly, many sexual abuse cases go unreported, because elderly victims are unable or unwilling to speak up and facilities are either ignorant of the abuse or complacent.
  • Signs a nursing home resident is vulnerable to financial abuse   
    Description: Do you know somebody who you think might be vulnerable to elder financial abuse or do you know a senior who has been the victim of a financial scam? The profile of the typical financial scam victim isn’t what you might think. In addition, there are characteristics that elder financial abuse victims have in common.
  • Who is to blame when one nursing home resident murders another?   
    Description: The recent murder of a 100 year old nursing home resident by her 98 year old roommate has people across the country asking: could something have been done to prevent it? How much responsibility do nursing homes have to protect residents from each other? Unfortunately, there are no easy answers to these questions, and often families are left to trust their instincts that something is wrong.
  • Falls in Nursing Homes CAN and SHOULD be Prevented   
    Description: Falls in nursing homes don’t just happen – there is almost always a reason for the fall. There are steps that nursing homes, assisted living facilities and long-term care residences can take to reduce the likelihood that an elderly resident will slip, trip or fall.
  • Can technology cut down on nursing home abuse and neglect in Virginia?   
    Description: Families concerned about the care their loved ones are receiving in Virginia nursing homes may be relieved to hear that new point-of-care devices may reduce the opportunity for staff members to abuse or neglect residents. These devices would require real-time data entry of care provided to nursing home residents, and allow supervisors to easily check up on residents.
  • Are Virginia nursing home residents being hurt or killed by medication errors?   
    Description: Prescription drugs are very important to the health of many Virginia nursing home residents, however their safety and their lives could be in jeopardy because of poor medical training at some facilities. This article provides an overview of the ways that nursing home or assisted living facility residents can be hurt by a medication error in a Virginia nursing home.
  • Should I avoid nursing homes designated as “Special Focus Facilities”?   
    Description: If you’re looking into nursing homes for yourself or a loved one, you may come across a home designated as a “Special Focus Facility” (SFF). The SFF label isn’t a good thing, it is a way for CMS to focus on homes that have shown a long-term trend of unacceptable deficiencies that must be addressed. SFF homes that don’t respond to additional CMS scrutiny and penalties risk being taken off the Medicare and Medicaid approval list. What does this mean for you?
  • Falls in Virginia Nursing Homes   
    Description: Any resident can fall while in a nursing home, but elderly residents are especially at risk for a serious or fatal fall. There are a number of factors that can contribute to the risk of a fall, and some homes could be considered negligent if the fall could have been prevented.
  • Limitations of the Medicare Nursing Home Rating System   
    Description: Families looking for information on Virginia nursing homes sometimes turn to Medicare’s Nursing Home Compare website. While this website is a good place to start looking for information about long-term care facilities, critics contend that the rating system may give families misleading information. To improve the odds of finding a high-quality home and avoiding nursing home abuse and neglect, it is imperative that consumers visit homes and do additional research.

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Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
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