Silver City Mississippi Nursing Home Neglect Lawyers and Nursing Home Silver City Injury Attorneys
Nursing home attorneys in Silver City Mississippi assist families who recognize signs of neglect.
Federal and Mississippi State laws have been created to protect nursing home residents’ basic rights and ensure they are free from mistreatment and neglect in their residential living situation. When a resident loved one suffers neglect, or injury in a nursing home, consultation with a Silver City Mississippi nursing home injury attorney may be prudent to determine if action is required to assure resident safety and welfare.
Services and licensure.
A nursing home is a facility that provides organized, structured nursing care and services to its residents. Mississippi state law requires that Nursing Home Administrators have a license issued by the Mississippi Board which must be renewed every two years upon completion of the required continuing education credits for each renewal cycle. The Mississippi Division of Health Facilities Licensure and Certification is the regulatory agency responsible for nursing home licensure after agencies apply for, and are granted licensure by the state’s health and human services department so they can be monitored for compliance to federal and state nursing home standards of care. Nursing home neglect lawyers in Silver City MS assist individuals who have been neglected or had their level of care compromised during residency at a nursing home.
Standards of care enforced.
Nursing homes in Silver City Mississippi must follow Federal Regulations which set forth the industry’s standard of care in order to receive Medicare payments. Regulation 42 CFR sec. 483.25 (h) provides that a facility ensures a resident’s environment remains as free of hazards as possible and that ample supervision is provided, along with a provision of adequate medical treatment aligned with the current medical standard of care. Consult a nursing home neglect attorney in Silver City Mississippi regarding claims of subpar treatment that causes, or exacerbates existing health conditions and may be considered acts of unintentional negligence.
Compensation for loss.
Recoverable damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages, in addition to non-economic damages for pain and suffering, mental anguish, and loss of consortium, or companionship.
If unintentional neglect occurs, based on treatment, or lack of treatment and it exacerbates health problems, or leads to the wrongful death of a loved one, a family should contact a Silver City Mississippi wrongful death attorney to see if they can be compensated for the loss after proving that negligence was the cause of the injury, or death. When a nursing home resident dies of care complications, some degree of responsibility may fall onto the facility. An experienced wrongful death lawyer in Silver City MS can navigate the way the laws are interpreted in support of adequate compensation to Mississippi families suffering loss.
Responsibility.
The nursing home facility can be held liable for any personal injury, or neglect causing harm to a resident, or patient in their care. This negligence may have occurred by their part through:
- negligent hiring,
- understaffing,
- breach of regulatory obligations to guidelines,
- insufficient employee training, or
- errors in treatment, or medication dispensing.
Liability is the state of being responsible for something, and vicarious liability is a legal doctrine assigning liability for harm to a person, even if they did not cause the injury directly. A nursing home employer can be held responsible for the negligent, or harmful acts of its employees, or contracted workers during the course of their work and the scope of their job duties. A nursing home injury lawyer in Silver City Mississippi can offer legal guidance and initiate action against neglect, or mistreatment that leads to injury.
Proving liability.
Lawyers who specialize in nursing home laws in Silver City Mississippi may be able to prove negligent acts were undertaken by staff, or through administration missteps in the care of Mississippi nursing home residents causing harm, personal injury, and/or death. Nursing home neglect cases are considered medical malpractice because a standard of professional care is owed. Silver City MS nursing home neglect attorneys can assist residents, or families to prove that a nursing home or caretaker deviated from the current medically accepted standard of care and was negligent, resulting in measurable personal injury to a resident within Mississippi’s statute of limitations for injury related to malpractice.
Signs of nursing home neglect in Silver City Mississippi.
Bodily Injury may reveal itself through:
- unexplained bruises, injuries, or recurrence of the same type of injury,
- signs of restraint on wrists and ankles such as bruising, cuts, or abrasions, using restraints for long periods of time can cause patients to suffer from lower muscle tone, reduced bone mass, and muscle disorders,
- malnutrition, dehydration and sudden, or severe weight loss, and
- when staff will not leave the family alone with a resident for fear they may tell of neglect.
Physical neglect is a type of neglect that may or may not be intentional, perhaps as a result of inadequate staffing and supplies at a nursing home. Lapses in a resident’s upkeep and hygiene, malnutrition, and an unsanitary environment that diminishes human dignity are signs to look for in residential care facilities.
Emotional disregard can present itself in many different ways such as agitation, nervousness, fear, or sadness. Acts of emotional neglect can be intentional, or unintentional when the caretaker is overly stressed and is unknowingly lashing out, or harming the elderly person. Emotional neglect can be both verbal and nonverbal in nature.
Exploitation occurs when someone improperly, or illegally uses or steals a resident’s funds, assets, or property. Legal counsel can assist residents who have been exploited at a nursing home.
Report neglect in {city} Mississippi.
Residents, or family members who have a complaint against a nursing home should contact the Mississippi State Board of Health, Licensure and Certification’s complaint hotline at 1-800-227-7308. When individuals believe a provider is allowing neglect or exploitation of a resident, it should be reported and if emergent response is needed, 911 and police should be called. Individuals should contact a Silver City Mississippi nursing home injury lawyer at Williams Newman Williams, PLLC to discuss options to assure overall resident safety.
Williams Newman Williams PLLC
Attorneys & Counselors at Law
129B South President Street Jackson, MS 39201
Phone: (601) 949-5080| Fax: 601-949-3358