Neglect

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Related to Hemispatial neglect: Unilateral neglect

Neglect

An omission to do or perform some work, duty, or act.

As used by U.S. courts, the term neglect denotes the failure of responsibility on the part of defendants or attorneys. Neglect is related to the concept of Negligence, but its rather limited use in the law sets it apart from that much broader doctrine. Generally speaking, neglect means omitting or failing to do something that is required. Neglect is often related to timeliness: examples include the failure of a taxpayer to file a timely income tax return and the failure of an attorney to meet a deadline for filing an appeal. In determining whether to rule against a party, courts consider the reason for the neglect, which can range from unavoidable accidents and hindrances to the less acceptable extreme of carelessness and indifference to duty.

Special terminology applies to some forms of neglect. Culpable neglect exists where a loss arises from an individual's carelessness, improvidence, or folly. Willful neglect applies to marital cases; it refers to the neglect of one spouse, historically the husband, to provide such essentials as food, shelter, and clothing to the other spouse, either because of refusal or indifference. Excusable neglect is used to grant exceptions in cases where neglect was the consequence of accident, unavoidable hindrance, reliance on legal counsel, or reliance on promises made by the adverse party. Excusable neglect can serve as the basis for a motion to vacate a judgment, as in the case of explaining why a deadline for filing an appeal could not be met. Under the Federal Rules of Civil Procedure, excusable neglect authorizes a court to permit an act to be done after the official deadline has expired (Fed. R. Civ. P. 6 (b)).

Cross-references

Child Abuse; Necessaries.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
Smania and Aglioti [23] found in a touch detection task that RBD patients with left hemispatial neglect detected left-hand stimulation with an accuracy of 36% in the uncrossed anatomical position whereas crossing the arms resulted in a detection accuracy of 65% of the left-hand stimuli.
Spinelli and Di Russo [25] showed that trunk rotation to the left shortened the previously lengthened P100 latencies of visual evoked potentials to left visual field stimulation in left hemispatial neglect patients.
Hemispatial neglect: subtypes, neuroanatomy and disability.
Theta-burst stimulation of the left hemisphere accelerates recovery of hemispatial neglect Neurology 2012;78: 24-30.
"This study represents an important step forward in the effort to find ways to help people rehabilitate from hemispatial neglect after stroke," said Heidi M.
Between- and within-field deficits of attention in hemispatial neglect. Brain, 123, 1263-1279.
Medical records were reviewed for the presence or absence of hemispatial neglect and aphasia.
Hemispatial neglect was identified in 15 (23%) and aphasia was identified in 16 (25%) of the 65 patients.
Pisella et al., "Prism adaptation to a rightward optical deviation rehabilitates left hemispatial neglect," Nature, vol.
In their valuable review Ruz and Lupianez note that neurological patients with the syndrome of hemispatial neglect offer a special opportunity to investigate the capture of unattended stimuli.