A hip fracture is one of the most devastating injuries an elderly nursing home resident can suffer. For families across Mississippi, discovering that a loved one has fallen in a nursing home—especially one trusted to provide safety and care—can be heartbreaking and infuriating. These injuries are not always “accidents.” Too often, they are the result of negligence, understaffing, or a complete failure to follow known safety protocols.
At Barrett Law, PLLC, we represent victims of nursing home neglect and abuse throughout Mississippi. I’m Jonathan Barrett, a seasoned Mississippi nursing home abuse lawyer with decades of experience holding negligent facilities accountable. When your loved one suffers a hip fracture due to a preventable fall, you deserve answers—and possibly compensation.
Let’s discuss how the law treats these injuries, the responsibilities nursing homes have to prevent them, and what your family can do next.
Are Nursing Homes Legally Responsible for Falls?
Yes—under Mississippi law, nursing homes have a duty of care to take reasonable steps to prevent residents from suffering falls. That duty includes assessing fall risk, creating individualized care plans, and implementing preventive measures such as:
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Bed alarms and fall mats
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Non-slip flooring
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Proper lighting
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Sufficient staff to supervise residents
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Timely response to call lights
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Assistance with walking, toileting, and transfers
When a nursing home fails to take reasonable precautions and a resident suffers a hip fracture as a result, the facility may be liable for negligence under Mississippi civil law.
Nursing homes must also comply with federal guidelines from the Centers for Medicare & Medicaid Services (CMS)and the Nursing Home Reform Act (NHRA), which require facilities to maintain environments that prevent avoidable injuries.
Common Causes of Hip Fractures in Mississippi Nursing Homes
While every case is unique, these are the most common factors we see in hip fracture cases:
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Inadequate fall risk assessments
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Understaffing or improperly trained staff
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Failure to use mobility aids or provide walking assistance
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Ignoring call lights or failing to supervise residents
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Unsafe environmental conditions, such as wet floors or poor lighting
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Medication errors that cause dizziness or sedation
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Neglect during nighttime hours, when staff levels are lowest
These conditions are preventable. That means many falls and fractures are also preventable—and the law reflects that reality.
Who Is Affected by Nursing Home Falls?
The most vulnerable nursing home residents include those who:
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Have mobility issues or use walkers/wheelchairs
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Suffer from Alzheimer’s, dementia, or confusion
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Are recovering from surgery or hospitalization
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Take medications that cause drowsiness or dizziness
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Have a history of previous falls
Families trust nursing homes to provide care, not allow neglect. When a loved one suffers a hip fracture, it is a signal that the nursing home failed to meet that trust—and that legal action may be necessary.
At Barrett Law, PLLC, we’ve helped families throughout Mississippi hold negligent nursing homes accountable and recover damages that cover:
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Medical expenses
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Rehabilitative care
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Pain and suffering
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Emotional distress
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Punitive damages in extreme neglect or abuse cases
Mississippi Laws Governing Nursing Home Liability
Under Miss. Code Ann. § 11-7-13 (the Mississippi wrongful death statute), family members can also file suit if a nursing home fall leads to death, which unfortunately occurs often after severe hip fractures.
Additional legal protections and standards come from:
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Miss. Code Ann. § 43-11-1 et seq. (regulating health care facilities, including nursing homes)
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Federal regulations under 42 CFR Part 483, which govern nursing home resident rights and care standards
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The Mississippi Vulnerable Adults Act, which provides civil and criminal penalties for abuse or neglect of residents
These laws allow families to take legal action against facilities that fail to live up to their obligations.
What If the Nursing Home Blames the Resident?
This is a common tactic. Many facilities will argue that:
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The fall was caused by the resident’s own actions
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The resident refused assistance
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The injury was unavoidable due to age or health
However, courts and juries in Mississippi understand that nursing homes are entrusted with residents precisely becausethey are vulnerable. If a facility fails to account for a resident’s known fall risk or provides inadequate supervision, that facility may still be liable—even if the resident “got up on their own.”
That’s why it’s critical to contact an attorney who can thoroughly investigate the facility’s records, staffing, care plans, and internal documentation.
What to Do If Your Loved One Fell in a Mississippi Nursing Home
If your family member has suffered a hip fracture, here are key steps to take:
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Get medical documentation immediately, including hospital records, x-rays, and care notes.
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Request the nursing home’s incident report—though they may delay or refuse.
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Take photos of the injury and the room where the fall occurred, if possible.
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Do not sign anything without first speaking to an attorney.
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Call Barrett Law, PLLC—we will launch an immediate investigation to secure evidence before it’s altered or lost.
How Barrett Law, PLLC Can Help
At Barrett Law, PLLC, we investigate nursing home injury cases with care and urgency. Our legal team can:
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Secure medical records and witness statements
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Review the facility’s safety history and inspection reports
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Identify staff failures and understaffing
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Calculate your damages, including future medical care and suffering
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File a lawsuit or negotiate for a settlement
We’re not just here to fight—we’re here to protect your family. That starts with listening, explaining your legal rights, and giving you a clear path forward.
Frequently Asked Questions About Hip Fractures in Mississippi Nursing Homes
Can you sue a nursing home in Mississippi for a fall injury?
Yes. If the nursing home was negligent—such as failing to monitor a resident, provide proper mobility assistance, or maintain a safe environment—they can be held liable for resulting injuries, including hip fractures.
What if my loved one already had balance problems?
Nursing homes are required to develop care plans based on known risks. If your family member had a fall risk, the facility had a legal obligation to take preventative steps. Ignoring those risks can be considered negligence.
How common are falls in nursing homes?
According to the CDC, about 1,800 nursing home residents die each year from falls, and many more suffer serious injuries like hip fractures. Mississippi facilities are not exempt from this national crisis.
What is the Mississippi statute of limitations for suing a nursing home?
You typically have three years from the date of the injury to file a lawsuit under Mississippi law. However, prompt action is essential to preserve evidence and witness testimony.
What damages can I recover?
Damages may include medical bills, future care costs, pain and suffering, and—if gross negligence is involved—punitive damages. Each case is different, and Barrett Law can help you understand your potential recovery.
What if the nursing home denies the fall ever happened?
We often see nursing homes attempt to conceal falls or falsify records. That’s why it’s essential to involve an attorney quickly who can demand security footage, internal communications, and medical records.
Can I file a complaint with the state?
Yes. You can file a complaint with the Mississippi State Department of Health, which oversees nursing home licensing and regulation. However, filing a complaint does not replace your ability to sue.
What if my loved one passed away after the fracture?
You may be able to file a wrongful death lawsuit if the fall contributed to or caused their death. Our firm has handled many such cases and can advise you on how to proceed.
What if the nursing home says it’s not their fault?
This is common, but liability often exists even when the facility blames the resident. If safety protocols weren’t followed, or supervision was lacking, they may still be held accountable.
How can Barrett Law, PLLC help my family?
We offer thorough investigations, legal strategy, compassionate representation, and aggressive advocacy. We’ve helped families across Mississippi recover compensation and hold negligent facilities accountable.
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
Barrett Law, PLLC represents nursing home abuse victims across the entire State of Mississippi, including the Mississippi Gulf Coast, Central Mississippi, and Northern regions. We serve families in Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. Let us help you protect your loved one and seek justice today.
