No family places a loved one in a nursing home expecting tragedy. We trust these facilities to provide professional care, safety, and dignity in the final chapters of life. Yet across Mississippi, families are confronting heartbreaking losses—deaths caused not by age or illness, but by avoidable mistakes, neglect, or outright abuse within nursing homes.
At Barrett Law, PLLC, we represent grieving families throughout Mississippi who have lost a loved one under suspicious or unacceptable circumstances inside nursing facilities. I’m Jonathan Barrett, and I’ve handled wrongful death lawsuits across our state for decades. We take these cases seriously, because these aren’t just statistics—they’re mothers, fathers, grandparents, and spouses whose lives were cut short when someone failed in their duty.
Mississippi nursing homes are legally obligated to prevent falls, ensure proper medical care, and keep residents safe from harm. But when they fall short, the consequences can be fatal. Whether it’s a fractured hip from an unattended fall or a fatal infection left untreated, families deserve answers—and justice.
Let’s walk through what these cases look like under Mississippi law, how they occur, and what you can do if you suspect your loved one’s death was preventable.
When Nursing Home Failures Turn Deadly
A nursing home death becomes a legal case when it results from negligence, abuse, or failure to provide proper care. Common situations we investigate in Mississippi include:
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Unsupervised Falls: When residents fall due to slippery floors, lack of assistance, or broken equipment.
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Bedsores and Infections: Left untreated, they can progress to sepsis and death.
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Dehydration and Malnutrition: Often signs of neglect or understaffing.
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Medication Errors: Wrong dosages or missed prescriptions can be fatal.
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Physical or Sexual Abuse: Deliberate harm by staff or other residents.
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Failure to Monitor Medical Conditions: Especially in patients with dementia, diabetes, or heart conditions.
These deaths are not just “accidents.” In many cases, they are the result of policies prioritizing profit over patient care, understaffed shifts, or untrained personnel who weren’t equipped to meet residents’ basic needs.
Who Is Affected and Why These Cases Matter
The people most affected are the very ones least able to protect themselves—elderly residents with mobility issues, dementia, or chronic conditions. These are individuals who depend on others for help walking, eating, bathing, and taking medications.
When a facility fails to meet those needs, it can lead to swift and severe health consequences. For instance:
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A fall that leads to a broken hip can result in complications and infections that prove fatal.
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A resident who is left in soiled clothing or beds for hours can develop life-threatening infections.
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Someone with dementia who wanders off due to poor supervision may suffer fatal injuries or exposure.
Families are often left reeling, wondering how a loved one could have passed so suddenly—and whether it could have been prevented. That’s where we come in. At Barrett Law, we conduct in-depth investigations and consult medical experts to determine if the death was avoidable and legally actionable.
Legal Responsibilities Under Mississippi and Federal Law
Nursing homes in Mississippi are governed by both state regulations and federal standards. Key legal duties include:
Mississippi Code § 43-11-1 et seq.
This statute governs the licensure and regulation of nursing homes in Mississippi. Facilities must:
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Maintain adequate staffing levels
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Ensure a safe, clean environment
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Follow all care plans
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Prevent abuse and neglect
Federal Nursing Home Reform Act (OBRA 1987)
This federal law mandates that nursing homes provide:
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The highest practicable level of physical, mental, and psychosocial well-being
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Individualized care plans
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Proper nutrition, hydration, and medication management
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Protection from abuse, neglect, and exploitation
If a facility violates any of these standards and a death occurs as a result, it may be liable under Mississippi’s wrongful death statute, Miss. Code Ann. § 11-7-13.
This law allows surviving family members to file a claim for damages when a death is caused by a wrongful or negligent act.
What Damages Can Be Recovered?
Wrongful death lawsuits involving nursing home abuse or neglect can seek compensation for:
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Medical expenses prior to death
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Funeral and burial costs
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Pain and suffering of the deceased
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Loss of companionship and support for the family
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Punitive damages in egregious cases
Punitive damages are especially relevant in Mississippi when the facility’s conduct was willful, grossly negligent, or involved repeated violations.
Practical Steps for Families Who Suspect Negligence
If you believe your loved one died as a result of nursing home neglect or abuse, here’s what you can do immediately:
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Get a copy of the death certificate
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Request all nursing home records (including charts, medication logs, incident reports)
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Take photos of any visible injuries or unsanitary conditions
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Speak to other residents or families, if possible
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Call a Mississippi wrongful death lawyer immediately
At Barrett Law, we act fast to preserve evidence, interview witnesses, and protect your right to file a claim. Mississippi has a three-year statute of limitations for wrongful death lawsuits, but evidence can disappear quickly if not secured.
Nursing Home Wrongful Death Lawsuit Frequently Asked Questions
What is a wrongful death lawsuit against a nursing home in Mississippi?
A wrongful death lawsuit allows surviving family members to hold a nursing home accountable if a loved one died due to negligence, abuse, or substandard care. These cases seek compensation for both economic and emotional losses.
Can I sue if my loved one fell in a Mississippi nursing home and died?
Yes, if the fall occurred due to negligence—such as lack of supervision, unsafe conditions, or failure to follow fall-prevention protocols—you may have a claim under Mississippi’s wrongful death statute.
What is the statute of limitations for filing a wrongful death claim in Mississippi?
Under Mississippi Code § 15-1-49, you generally have three years from the date of death to file a wrongful death lawsuit. There may be exceptions in some cases, so speak to an attorney quickly.
What if the nursing home says my loved one died of natural causes?
Even if a facility claims the death was natural, an autopsy or medical review may reveal otherwise. We frequently uncover hidden injuries, infections, or medication issues that contradict the facility’s explanation.
Are nursing homes required to prevent falls?
Yes. Under both state and federal law, nursing homes must assess each resident’s fall risk and implement a care plan to prevent them. Failing to do so may constitute negligence.
How do I prove a nursing home was negligent?
We gather medical records, staff logs, inspection reports, and expert opinions. Sometimes hidden camera footage or witness testimony can be key to proving wrongdoing.
Can I still sue if my loved one had preexisting conditions?
Yes. The fact that a resident was already vulnerable doesn’t excuse substandard care. If negligence or abuse contributed to the death, the nursing home can still be held liable.
What kind of compensation can my family receive?
Compensation may include medical costs, funeral expenses, pain and suffering, and loss of companionship. In cases of extreme neglect or abuse, punitive damages may also apply.
Will the nursing home face criminal charges?
Criminal prosecution is separate from civil wrongful death claims. However, we can report findings to authorities, and our investigation may support a criminal case.
How much does it cost to hire a nursing home wrongful death attorney in Mississippi?
At Barrett Law, we work on a contingency fee basis—you pay nothing upfront. We only get paid if we recover compensation for your family.
Have You or Your Loved One Suffered a Fatal Accident in Mississippi?
Call Mississippi Wrongful Death Lawsuit Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If your loved one died unexpectedly in a Mississippi nursing home, don’t assume it was inevitable. Fatal neglect and abuse are more common than most people realize. At Barrett Law, PLLC, we’ve helped families across Mississippi fight back with powerful legal action that exposes the truth and forces accountability.
We represent nursing home wrongful death victims and their families throughout the entire state, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Call today—we’re available 24/7/365 to listen, advise, and act. You have the right to answers. We can help you get them.
