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Making the decision to move a loved one into a Virginia nursing home is not one that you or others make lightly, and you have likely done so with the belief that it will be a better situation and allow your family member to receive the care that he or she needs. Unfortunately, due to understaffing, inadequate protocols and other factors, the long-term care facility where your loved one resides may fail to meet his or her basic needs. In order to help protect your loved one from this type of mistreatment, it is important to understand neglect in the nursing home setting.

There are numerous signs that may indicate your loved one is being neglected. Some of the most common of these include the development of bedsores, untreated medical or mental health conditions, unexplained malnutrition or dehydration, and soiled clothing or bedding.

According to Virginia state law, neglect of an incapacitated adult occurs when  an adult over the age of 18-years who, as a result of mental illness, physical disability, advanced age, intellectual disability or other factors causing impairment, cannot reasonably care or make decisions for him or herself is denied access to necessary treatment, services or goods. This is the case provided his or her caregiver knowingly and willfully failed to provide the care your loved one required and, as a result, he or she suffered injury or his or her health was otherwise threatened. Neglect may take place at the hands of those responsible for the care of your loved one, whether they assumed the role voluntarily or via their employment.

This post should be considered only as general information and should not be taken as legal advice.

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Carlton F. Bennett Mr. Bennett is recognized as an expert in traumatic brain damage litigation, nursing home malpractice, and wrongful death cases. He has obtained numerous multi-million dollar settlements and verdicts for traumatic brain injury survivors, and other cases involving serious injuries.
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