Mississippi Nursing Home Abuse & Neglect 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.
According to information by Medicare, there are 205 nursing homes in Mississippi that are monitored routinely through surveys, inspections and investigations into complaints formally filed by residents, families, friends, and employees. The federal agency identified serious violations and deficiencies at sixty-three (31%) of these facilities that resulted in harm to the residents. If your loved one was harmed, injured, neglected, abused or died unexpectedly while living at a Mississippi nursing home, we encourage you to contact the Mississippi nursing home abuse attorneys at Nursing Home Law Center today. Let us begin working on a claim for compensation on your behalf. We offer all potential clients a free case review.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 Mississippi Nursing Home Injury Lawyers Today to Receive Help
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.Mississippi Nursing Home Lawyers Serving Victims of Bed Sores, Pressure Sores & Decubitus Ulcers
Receiving a notification that a loved one residing in a nursing home has a debilitating pressure ulcer can be a shocking an unexpected experience. In many incidences, the medical staff or administration tells the family that a pressure ulcer (bedsore; decubitus ulcer; pressure sore) is just an expected occurrence of a loved one growing older. However, nearly all pressure ulcers are avoidable when the sore is detected in its early stages.
In many incidences, families have no option but to place their loved ones in nursing facilities to receive treatment by trained, competent medical professionals. Often times, patients with mobility issues are unable to reposition their body without assistance, making them highly susceptible to developing a bedsore. However, with proper monitoring and readjusting the body every two hours or less, the patient can be protected from developing pressure sores.
Bedsores can develop quickly when pressure on the body is not alleviated. As a part of the nursing staff’s responsibilities, they are required to routinely monitor the patient’s skin and treat any bedsore acquired at the facility. When a decubitus ulcer is first detected on the patient’s skin in its initial stage, simple steps can be taken to prevent its progression.Bedsore Staging Used to Determine a Wound’s Severity
A bedsore develops when body pressure makes contact with the bed, pad, mattress or any surface, including another body part. The pressure restricts blood flow to skin tissue, depriving the area of much-needed oxygen. Within hours, the affected area can begin to die, causing serious injury at the site. However, with routine monitoring, the nursing staff can ensure that the pressure is released before it causes any damage to the skin.
If the bedsore is not detected early, or the staff treats it improperly, the sore can quickly become an open wound as it progresses into advanced stages. The wound will begin to open, creating a small crater where underlying fat is exposed. Within days, the sore can progress to a life-threatening condition where the open wound becomes deep, exposing muscle and bone, making the area highly vulnerable to life-threatening infection. The most advanced stages of decubitus ulcers typically involve blood infection (sepsis) or bone infection (osteomyelitis).
In many incidences, the nursing home employees lack proper training to ensure the safety of all patients. Other times, due to overcrowding, the nursing facility lacks a sufficient workforce to monitor the skin of every patient adequately, especially those with mobility challenges.
Nearly any advanced stage pressure sore acquired in the facility is the result of negligence by the medical staff. Other times, the nursing facility fails to develop, implement and enforce a “repositioning” routine on patients to ensure that their bodies are turned or readjusted every two hours or less, around-the-clock.Legal Options Available for Those with Advanced Pressure Ulcers in MS
Nursing facility medical teams are given the legal responsibility of ensuring that every patient is provided quality healthcare and protected from every harm. Any failure in the staff’s duty that results in acquired bedsore can be considered negligence, and open to legal recourse by family members forced to stop the neglect and seek recompense.
Hiring a Mississippi pressure ulcer lawyer is the best solution to stop the negligent acts occurring at the facility. A skilled attorney can ensure that the loved one begins receiving proper medical care at the nursing home, by sending in a professional medical team that specializes in life-threatening bedsores. These services are provided in cities all throughout Mississippi including:
The family can hold those legally at fault accountable for causing harm to their loved one. In many incidences, filing a lawsuit or claim for financial compensation provides the family members the funds they need to ensure that their loved one is kept from additional harm. Fill out the form here to make contact with a reputable Mississippi pressure ulcer lawyer. These attorneys offer an initial no obligation free consultation to discuss legal options for stopping the abuse now.
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)