Mississippi Nursing Home Abuse Lawyers
When senior citizens are placed in a nursing home, it is important that family members pay close attention to the treatment and care that they receive. The statistics show that nursing home abuse and neglect are incidents that are on the rise every year. Residents who are in nursing homes are extra vulnerable due to the fact that they are in situations that make it difficult for them to defend themselves. They may be subject to coercive pressure and abuse from workers in the facility, or they may lack the ability to tell other people that they are being abused. It is important for family members to take every measure to understand the signs of nursing home abuse so that they can protect loved ones at all times. Knowing these signs ensures that management will be held accountable at all times. Family members can make it clear that they will file a report upon noticing any of the signs of abuse and neglect. In addition, family members can get in touch with nursing home lawyers who will help them in filing a legal claim and obtaining damages from a Mississippi nursing home.Mississippi Nursing Home Injury Laws
In Mississippi, family members have a total of three years if they wish to file a negligence or wrongful death claim. For a negligence claim, family members are able to obtain up to $1 million for noneconomic damages that have been suffered by a loved one. In a medical malpractice action, family members can only receive up to $500,000 for the claim. If the actions of nursing home workers were grossly negligent or willful, then punitive damages may be recovered in the amount of up to two percent of the defendant’s net worth if that net worth is less than $50 million.
In the most tragic instances, a loved one can die from Mississippi nurisng home neglect or abuse suffered in a facility. Situations that can involve a wrongful death claim include death due to infection from bed sores, death due to physical abuse from nursing home workers or death due to malnutrition and dehydration. The same limitations upon damages in Mississippi negligence actions also applies to wrongful death claims in the state.
The state law that is dedicated to the welfare of nursing home residents in Mississippi is the Vulnerable Adults Act. Under the Act, the Mississippi Department of Human Services is provided with the power to conduct investigations about reports of alleged abuse or neglect impacting a vulnerable adult. Family members or professionals who have suspicions that a nursing home resident is being abused should call the Mississippi Centralized Intake Unit at 1-800-222-8000.
Chapter 47 of the MS Vulnerable Adults Act goes to great lengths to define abuse, exploitation and neglect of adults. There are broad definitions in place to provide the maximum amount of protection for vulnerable adults. For example, abuse is defined as the “willful or non accidental infliction of physical pain, injury or mental anguish on a vulnerable adult.” It can also include false imprisonment or the deprivation of services that are necessary for the health and well being of a resident.Common Signs of Nursing Home Neglect and Abuse
There are signs that exploitation, abuse or neglect are occurring in a systematic fashion within a nursing home. Family members should be on the watch for the following signs of exploitation, abuse and neglect:
- Unauthorized withdrawal of funds from his or her account
- Missing personal belongings
- Overbilling on a resident’s account
- Increased anxiety and stress
- Open wounds and bed sores
- Unusual bruises and cuts
- Unexplained weight loss or weight gain
Knowing these signs of abuse and more will empower family members to take control of difficult situations.
Contact nursing home lawyers today to receive the help that you need to protect a loved one. Our lawyers are ready to help families throughout Mississippi in areas such as:
- Olive Branch
Abuse and neglect are some of the most tragic occurrences that impact vulnerable adults. Family members must be willing to take action when they observe Mississippi nursing home neglect. No loved one should be left in a powerless situation in which he or she is being financially exploited or abused by workers.Nursing Home Negligence
STATUTE OF LIMITATIONS
- 3 years from occurrence with Discovery Rule. (Miss. Code Ann. §15-1-49)
- Medical malpractice – 2 years with Discovery Rule (including wrongful death). If plaintiff is a minor under six years of age, medical malpractice actions must be filed within 2 years of the date of the child’s sixth birthday. (Miss. Code Ann. §15-1-36)
- Civil action – Noneconomic damages are capped at $1 million. (Miss. Code Ann. §11-1-60)
- Medical malpractice – Noneconomic damages are capped at $500,000 for entire claim. (Miss. Code Ann. §11-1-60)
- Punitive damages – punitive damages cap based on defendant’s net worth and limited to 2% of a defendant’s net worth if net worth is $50 million or less. (Miss. Code Ann. §11-1-65)