Gulfport Nursing Home Abuse Lawyer
For many families in Mississippi, a nursing home is the best place for senior family members to receive medical services and day-to-day care. We trust these facilities and their staff to care for our loved ones and make sure they are safe.
Unfortunately, this is not the outcome that some families experience. Nursing home residents are especially vulnerable to all types of abuse, in part because it can be difficult for them to speak up for themselves.
A skilled Gulfport nursing home abuse lawyer could speak up for you and your elderly loved one if he or she falls victim to abuse. With a personal injury attorney’s help, you could take stock of every injury and loss stemming from this mistreatment and seek appropriate compensation in civil court.
Who Could Be Liable for Abuse in Nursing Homes?
Nursing home abuse cases usually have multiple defendants. Though the court may give each party his or her own degree of fault, each may have contributed in his or her own ways to the plaintiff falling victim to abuse.
It is common for one or more of the following parties to be named as defendants by a nursing home abuse lawyer in Gulfport:
- The nursing home itself, as a business entity
- Nursing home staff such as aides, physical therapists, and nurses
- Nursing home administrators
- Doctors or other members of the healthcare team
- Other residents of the nursing home
Punitive Damages for Nursing Home Mistreatment
In addition to economic and non-economic damages such as medical bills and pain and suffering, plaintiffs and their Gulfport nursing home abuse attorneys may have punitive damages made available to them by a civil court in some situations. Punitive damages are reserved for cases in which the defendant acted with malice or reckless disregard for the plaintiff’s safety.
Where other damages are meant to reimburse the victim for the specific losses he or she suffered, punitive damages are meant to punish the defendant and discourage future similar behaviors in the future by the defendant and others. Mississippi Code § 11-1-65 explains that punitive damage caps vary depending on the net worth of the defendant. However, limits on punitive damages do not apply if the defendant committed a felony while causing damages to the plaintiff or if he or she was under the influence of alcohol or illegal drugs at the time.
Do Nursing Home Abuse Cases Settle?
As an alternative to going to court and asking a judge or jury to determine the outcome of a nursing home abuse case, the plaintiff and defendant may opt to negotiate a private settlement. Settlements can sometimes help plaintiffs by ending the case sooner and not making them experience all the emotions a trial may bring. For defendants, a settlement could reduce their legal costs, as well as potentially leave them liable for less compensation than what a court would have demanded they pay.
It is important to note that a plaintiff’s attorney cannot make a decision about a settlement on a plaintiff’s behalf. However, he or she can provide legal advice that supports a plaintiff in making the right decision for his or her situation.
How a Gulfport Nursing Home Abuse Attorney Might Help
According to the Nursing Home Abuse Center (NHAC), over ten million seniors fall victim to abuse each year. If you or a loved one experience this kind of maltreatment, a compassionate Gulfport nursing home abuse lawyer could help you seek full and complete recovery for your or your relative’s damages.
Unfortunately, nursing home abuse victims and their families are only provided with a certain amount of time under the law to pursue their legal options in civil court. Call today for a free case evaluation and to get your questions answered.