When a loved one dies under suspicious circumstances in a Mississippi nursing home, families are often left reeling with grief, confusion, and questions. Was the death preventable? Did neglect or abuse play a role? Can legal action be taken against the facility?
At Barrett Law, PLLC, we help families across Mississippi seek justice when nursing home negligence results in the death of a loved one. Jonathan Barrett, a seasoned Mississippi nursing home abuse and wrongful death lawyer, has decades of experience representing victims and families harmed by careless or abusive elder care. We believe no family should suffer in silence—and that those responsible for fatal nursing home neglect must be held accountable under Mississippi law.
This article will walk you through your rights as a family member, what responsibilities nursing homes have under state and federal law, what kinds of injuries and scenarios commonly lead to wrongful death claims, and how Barrett Law, PLLC can help you protect your family’s future and honor your loved one’s memory.
What Is Wrongful Death in a Mississippi Nursing Home?
Wrongful death occurs when someone dies as a result of another party’s negligence, recklessness, or intentional misconduct. In the context of nursing homes, wrongful death often stems from a facility’s failure to provide a reasonable standard of care. Under Mississippi Code § 11-7-13, the family of a person who dies due to another’s wrongful act may be entitled to bring a lawsuit seeking compensation.
This law permits recovery for damages such as:
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Funeral and burial expenses
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Medical bills related to the final injury
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Pain and suffering before death
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Loss of companionship
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Loss of financial support
Wrongful death lawsuits against nursing homes often arise when a resident suffers a preventable fall, untreated medical condition, dehydration, malnutrition, bedsores, medication error, or outright abuse—each of which can result in fatal complications if not properly addressed.
Common Causes of Nursing Home Wrongful Death in Mississippi
Here are examples of how a preventable death may occur in a nursing home or assisted living facility in Mississippi:
Fall-Related Deaths
Falls are a leading cause of fatal injuries among elderly residents. If a nursing home fails to implement fall prevention protocols or ignores a resident’s fall risk, the facility may be liable if the resident suffers a traumatic brain injury or broken hip that leads to death.
Infections or Sepsis
Bedsores (pressure ulcers) left untreated can become infected and lead to sepsis, a life-threatening condition. Facilities are required to provide regular turning, hygiene care, and wound monitoring to prevent such outcomes.
Medication Errors
Giving the wrong medication, administering an incorrect dose, or failing to provide timely medication can have fatal consequences for seniors, particularly those with chronic conditions or cognitive impairments.
Dehydration and Malnutrition
Neglecting to monitor food and fluid intake, especially for residents who need assistance eating or drinking, can result in organ failure and death. Nutritional oversight is a critical duty of care.
Physical or Chemical Restraints
Improper use of restraints—either physical or through sedating medications—can lead to asphyxiation, cardiac arrest, or other fatal complications.
Physical or Sexual Abuse
In rare but devastating cases, intentional harm from staff or other residents may cause trauma leading to death. These cases often involve criminal charges in addition to civil claims.
Who Can File a Wrongful Death Lawsuit in Mississippi?
Under Mississippi law, the following individuals may bring a wrongful death lawsuit:
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The surviving spouse
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Children of the deceased
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Parents (if no spouse or children)
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Siblings or representatives of the estate
The lawsuit may be filed against the nursing home, administrators, individual staff members, or third-party contractors (like medical providers or security personnel). Often, these cases also include corporate parent companies who oversee multiple facilities.
What Legal Duties Do Mississippi Nursing Homes Owe?
Nursing homes in Mississippi must comply with both state regulations and federal standards under the Nursing Home Reform Act (42 U.S.C. § 1395i–3), which mandates facilities to:
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Provide care that promotes quality of life and health
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Maintain detailed care plans tailored to each resident
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Hire sufficient and qualified staff
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Keep the environment safe and clean
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Prevent abuse, neglect, and exploitation
The Mississippi Department of Health licenses and regulates these facilities, but filing a complaint with the agency doesn’t substitute for pursuing civil damages in court. That’s where Barrett Law, PLLC steps in.
What Must Be Proven in a Mississippi Nursing Home Wrongful Death Claim?
To win a wrongful death case, your legal team must show:
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Duty of Care – The nursing home owed the resident a legal obligation to provide safe care
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Breach of Duty – The facility failed to meet the standard of care
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Causation – The breach directly caused or contributed to the death
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Damages – The family suffered losses as a result of the death
Jonathan Barrett works with medical experts, long-term care professionals, and financial analysts to gather evidence, build strong legal claims, and push for maximum compensation.
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations for wrongful death in Mississippi is generally 3 years from the date of death for negligence-based claims. However, if the death was caused by an intentional act (such as assault), the time limit may be shorter—only 1 year.
Delays in investigating or acting can result in lost evidence or expired deadlines. If you suspect a nursing home played a role in your loved one’s passing, it’s critical to act quickly and call Barrett Law, PLLC for a free consultation.
How Barrett Law, PLLC Can Help
Jonathan Barrett has built a reputation across Mississippi for fighting for vulnerable victims and their families. Our law firm handles every aspect of nursing home wrongful death claims:
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Investigating staff actions and policies
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Reviewing medical records and autopsy reports
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Interviewing witnesses and care providers
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Consulting medical and nursing experts
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Filing lawsuits and handling settlement negotiations
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Taking the case to trial if necessary
We handle these cases on a contingency fee basis, which means you pay nothing unless we recover compensation on your behalf.
Frequently Asked Questions About Nursing Home Wrongful Death Lawsuits in Mississippi
Can I sue if my parent died from a fall in a nursing home?
Yes, if the nursing home failed to take appropriate fall precautions and your parent died from the resulting injuries, you may be eligible to file a wrongful death claim under Mississippi law. Facilities are required to assess fall risks and implement preventative measures.
What if the nursing home says it was a natural death?
Facilities often label deaths as “natural” even when neglect contributed to the fatal outcome. An independent investigation by a legal team can uncover hidden negligence, such as failure to treat an infection, monitor medication, or respond to distress.
How do I prove a nursing home is responsible?
Evidence such as medical records, care logs, surveillance footage, and expert opinions can help establish liability. Our team builds strong cases by gathering all documentation and working with professionals who understand elder care standards.
Can I sue for emotional distress in a wrongful death case?
Yes. Mississippi allows recovery for emotional pain and suffering caused by the death, including loss of companionship, guidance, and support from your loved one.
Is there a cap on damages in Mississippi wrongful death claims?
Mississippi places caps on non-economic damages in medical malpractice cases, currently limited to $500,000. However, wrongful death claims not based on medical malpractice may allow higher compensation. Barrett Law evaluates each case for full recovery.
What if the resident didn’t have a will?
You can still pursue a wrongful death lawsuit even if the deceased did not have a will. Mississippi law determines which surviving family members are eligible to recover based on statutory heirship.
What types of evidence help in a nursing home case?
Key evidence includes staff schedules, medication records, incident reports, nursing notes, autopsy findings, and prior inspection violations. We subpoena all necessary records and file preservation orders when needed.
Can multiple family members recover damages?
Yes. If there are multiple legal heirs (such as children), the court may divide the awarded damages among them based on their relationship and dependence on the deceased.
How long does a wrongful death lawsuit take?
These cases often take several months to over a year to resolve, depending on the complexity, number of parties, and whether the case settles or goes to trial. We keep you informed every step of the way.
Can I report the facility while filing a lawsuit?
Yes, you can file a formal complaint with the Mississippi Department of Health while pursuing a civil claim. However, the agency’s actions are separate from the court case and will not recover compensation on your behalf.
Have You or Your Loved Suffered Nursing Home Abuse in Mississippi?
Call Mississippi Nursing Home Abuse Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If you believe your loved one died due to nursing home negligence, don’t wait to take action. Time limits apply—and evidence can disappear quickly. Jonathan Barrett and the legal team at Barrett Law, PLLC are ready to help you uncover the truth and seek the justice your family deserves.
Call today for a free consultation. We proudly represent families throughout Mississippi—including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation
Barrett Law, PLLC is committed to standing up for Mississippi families harmed by nursing home neglect.

