Nursing Home Negligence or Abuse
Statute of Limitations Miss. Stat. Ann. §15-1-49
- Three years from when the injury was discovered, or reasonably should have been discovered.
Damages Cap
- Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65
Medical Malpractice
Statute of Limitations Miss. Code Ann. §15-1-36
- Two years from when the injury was discovered, or reasonably should have been discovered.
- For injuries that result in mental disability, case must be filed within two years of injured individual’s death or removal of their disability, whichever is earlier.
- The defendant must be given 60 days written notice of intent to sue.
Damages Cap
- Non-economic damages cap is $500,000. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65
Wrongful Death
Statute of Limitations Miss. Code Ann. §15-1-36
- Three years. One year if death is caused by intentional act.
Damages Cap
- Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
- Punitive damages cap is based on defendant’s net worth. If defendant’s net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drugs. Miss. Code Ann. §11-1-65
The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.
The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.
Contact law enforcement if you believe that your loved one has been victimized by abuse, neglect, or exploitation while living in a nursing home. Your loved one could be entitled to a financial settlement, and we can help you pursue this.
Abuse, Neglect, and Exploitation Are Not Uncommon Among the Elderly
The National Center on Elder Abuse quotes a 2014 account of reports filed with the National Ombudsman Reporting System (NORS) that found 7.6% of the complaints they received involved exploitation, abuse, or gross neglect. Another study found that 1 in 13 elderly adults reported experiencing some form of abuse.
These figures may not be overwhelming, but they illustrate that abuse of the elderly does happen, and those numbers seem a lot more substantial when it is your loved one who is victimized. It is the responsibility of loved ones to stay alert to the signs of potential abuse, neglect, and exploitation, and call the proper authorities when they occur.
Nursing Home Malfeasance Takes Many Forms
There are many ways that your loved one could be abused in a nursing home setting. Some of the most common forms of mistreatment include physical and emotional abuse, passive neglect, willful deprivation, and financial exploitation. It is important that you keep an eye out for signs that your loved one may be the victim of these forms of elder abuse.
Signs of Physical Abuse, Neglect, and Deprivation
Victims of abuse, deprivation, and neglect may exhibit many of the same symptoms and red flags. Signs of one of these forms of mistreatment may also indicate that additional forms of abuse, neglect, or deprivation are occurring. Some of the signs of elder abuse may include:
Behavioral Changes
- Recoiling when you make physical contact
- Withdrawing from activities that they once loved
- Signs of a depressed mood
- Apparent trouble sleeping
- Signs of anxiousness, such as restlessness or rocking back and forth
- Uncharacteristic outbursts, especially of a violent nature
Changes In Physical Appearance
- Unexplained weight loss
- A disheveled appearance
- Poor personal hygiene
Signs Of Physical Abuse/Neglect
- The presence of bedsores, especially over multiple visits
- The presence of welts, bruises, cuts, and scrapes, especially those without a reasonable explanation
If your loved one exhibits any of these signs of potential abuse or neglect, call the authorities. If you continue to believe that your loved one is being mistreated, Missouri nursing home injury lawyers can assist you in pursuing a financial award.
Financial Exploitation is Prevalent Among Seniors
Some people believe that maintaining a level of autonomy is critical to their loved one living a fulfilled life. Sometimes, the way to ensure a level of independence once someone moves into a nursing home is to allow them some measure of control over their finances. However, this could make your loved one a prime target for financial exploitation.
If your loved one handles their own finances on any level, stay alert to any signs of exploitation, which may include:
- Cash withdrawals that cannot be explained.
- Unexplained purchases, especially at locations that your loved one would not normally shop at.
- Missing valuables such as jewelry, cash, or anything else that could be resold.
Financial gain is an obvious motive for exploitation, and the elderly are often seen as easy targets that are unaware that the exploitation is happening. If you suspect that your loved one has been taken advantage of financially, a lawyer can help you pursue the recovery of stolen assets.
For a free legal consultation, call (800) 794-0444
How A Lawyer Can Help in A Nursing Home Abuse Case
Whether your loved one has been subjected to abuse, neglect, financial exploitation, or some combination of the three, Missouri nursing home injury lawyers can help you mount a case against the liable parties. Our team at Pintas & Mullins Law Firm will aim to ensure that you and your loved one endure no further harm by:
- Coming to you to discuss your case with you and your loved one, and documenting your accounts while they are fresh in your mind.
- Notify the nursing home that we intend to pursue a case, and asking for their cooperation.
- Interviewing any available staff and administrative members to get their accounts and explanations.
- Helping you determine who the most likely liable parties are, which could be staff members, the nursing home itself, or both.
- Initiating your legal case and handling all legal responsibilities from our initial meeting until the completion of a judgment or settlement.
- Ensuring that you and your loved one’s rights are protected throughout the entirety of the legal process.
If we can prove negligence, your loved one could be entitled to compensation for their hardship.
Potential Compensation in A Nursing Home Abuse Case
Each case is different, but if the defendant is found liable for your loved one’s mistreatment, they could be entitled to a financial award covering:
- The value of any stolen assets.
- The cost of their time living at the nursing home where the mistreatment occurred.
- Any medical costs associated with injuries determined to have resulted from abuse or neglect.
- The cost of any psychological care required because of neglect or abuse.
- Pain and suffering.
- Punitive awards against the defendant(s).
The realization that your loved one was mistreated can be difficult to deal with. Call our legal team at Pintas & Mullins Law Firm today to discuss your case. A statute of limitations may govern your case, so it is important that you do not wait to call.
Our clients pay nothing upfront and nothing unless we win.
Helpful Resources
Call or text (800) 794-0444 or complete a Free Case Evaluation form