Nursing homes are required to keep elderly individuals safe from harm. Unfortunately, many instances of nursing home abuse have been documented. Recent statistics from the National Center on Aging show that about 10 percent of Americans older than age 60 have experienced some form of elder mistreatment. However, only about seven percent of those events are ever reported to law enforcement. There are federal and state laws that have been designed to advocate for the safety of the aged.
A Jackson County Nursing Home Abuse Lawyer may be able to help you get justice for your elderly loved one. They could review the claim, investigate and collect evidence proving the nursing home’s negligence. A diligent personal injury attorney could help you seek compensation for your elderly loved one’s damages and injuries.
Federal and state regulations have been enacted for the benefit of elderly Americans. The Older Americans Act of 1965, 42 U.S.C. 1001, requires that the United States government, and every state, work for the benefit of the elderly. The Act mandates that older persons be afforded protection against harm, abuse, exploitation and neglect.
Title 43, Chapter 11 of the Mississippi Code Annotated codifies the regulations for the protection of the elderly in local community residences. The purpose is to ensure that elderly individuals are safe and provided proper living conditions. Nursing homes are mandated to help individuals with daily activities such as walking, bathing, feeding, and grooming.
The state licensing agency may inspect local nursing homes to determine their obedience of minimum standards. According to Miss. Code Ann. §43-11-25, a convalescent residence may be fined for each day that it remains out of compliance. A skilled Nursing Home Abuse Lawyer in Jackson County may be able to use evidence of such sanctions against the facility in a cause of action for the neglect of a client.
Elderly individuals could sustain various type of abuse and neglect while living in a nursing facility. Some of the common signs of nursing home abuse includes:
According to the National Center on Aging, financial abuse accounts for a range of about $2.9 billion to $36.5 billion each year. The organization surmises that the aged are likely to report fiscal misappropriation more frequently than other forms of elder abuse.
In order to safeguard against financial abuse, per §75-71-413, brokers and other financial services providers are required to inform the Mississippi Department of Human Services about suspected misuse of an older person’s funds. A skilled Nursing Home Abuse Attorney may be experienced with cases of financial abuse.
The Mississippi Vulnerable Persons Act §43-47-18 criminalizes the sexual battery of aged residents of Jackson County Nursing Homes. A conviction or guilty plea from a perpetrator may provide strong evidence, should the victim choose to pursue a civil claim.
An older person living in a convalescent home may pursue damages for the actual unlawful and inappropriate contact, as well as the mental anguish that may have followed the event. A compassionate Jackson County Nursing Home Abuse Attorney may be able to assist with such delicate cases.
In nursing home abuse cases, patients are able to recover compensation for all of their injuries and damages. This could include economic and non-economic damages.
Nursing home abuse cases since they are covered under medical negligence are capped for certain types of damages. There are always unlimited economic damages in the State of Mississippi for nursing home cases. However, there is a cap on non-economic damages such as pain and suffering of $500,000.00. That is the most that anybody can recover for non-economic damages under medical negligence cases.
Economic damages are trickier to recover because many nursing home residents are not working and therefore, there will not be any economic damages for loss of wages and other tangible losses. Also, most nursing home residents are covered under Medicaid or Medicare and the government is paying for any medical care. Therefore, Medicare or Medicaid would get involved in a lawsuit and want to also recover any medical care that they had to pay for any negligence.
Recovery is limited for nursing home cases and punitive damages are available. However, it must generally be intentional conduct or conduct which is as egregious as to comment as to constitute gross negligence. It is a rare case when punitive damages are awarded in the nursing home of these cases.
Elderly individuals could suffer physical, fiduciary, or emotional damages due to a negligent nursing home. Fortunately, elderly individuals could hold a nursing home accountable for their actions.
If you are seeking help with filing a claim for elder care abuse, a legal professional may be able to offer some advice. Contact a Jackson County Nursing Home Abuse Lawyer to discuss your options for acquiring a legal remedy.