Falls are one of the most frequent and devastating injuries suffered by elderly residents in Mississippi nursing homes. A single fall can lead to fractures, traumatic brain injuries, permanent disability, or even death. And in many cases, these falls could have been prevented. Families are often left reeling, unsure how such a serious incident could occur under the supervision of trained staff in a licensed facility.
At Barrett Law, PLLC, we understand how painful and confusing it can be when a loved one suffers injury due to nursing home negligence. As a Mississippi nursing home abuse lawyer with decades of experience, I, Jonathan Barrett, have helped families across the state hold nursing homes accountable when they fail in their duty to protect vulnerable residents. If your loved one fell in a nursing home, it’s not just a tragic accident—it may be a sign of abuse or neglect.
This blog explains the legal responsibilities nursing homes have in Mississippi to prevent falls, what signs to watch for, and how families can protect their loved ones. We also review the state and federal laws that govern these facilities, and how Barrett Law can help you fight for justice if your family has been affected.
Understanding Falls in Nursing Homes
Nursing home falls are not isolated incidents—they are widespread and often preventable. According to the Centers for Disease Control and Prevention (CDC), approximately 50% to 75% of nursing home residents fall each year, and nearly one-third of those residents fall more than once.
Common Causes of Falls in Mississippi Facilities
Some of the most common contributors to falls in Mississippi nursing homes include:
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Inadequate supervision
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Failure to assist with mobility
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Wet or slippery floors
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Poor lighting
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Improper bed height or lack of bed rails
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Medication side effects
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Staffing shortages or untrained staff
When a fall results from these preventable factors, the nursing home may be liable under Mississippi law.
What Legal Duties Do Mississippi Nursing Homes Have to Prevent Falls?
Nursing homes in Mississippi must follow both federal regulations and state laws regarding fall prevention. Under 42 CFR § 483.25(d), nursing facilities that participate in Medicare or Medicaid are required to ensure that:
“The resident environment remains as free of accident hazards as is possible; and each resident receives adequate supervision and assistance devices to prevent accidents.”
In addition, Mississippi law imposes duties under general negligence principles and under the Mississippi Nursing Home Residents’ Rights Act (Miss. Code Ann. § 43-11-1 et seq.), which mandates that residents be treated with dignity and protected from harm.
Key Responsibilities Include:
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Conducting individualized fall risk assessments
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Creating care plans to address known fall risks
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Maintaining a hazard-free environment
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Ensuring adequate staff-to-patient ratios
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Promptly updating care plans after any fall
A failure in any of these areas may form the basis for a nursing home negligence lawsuit.
Common Injuries Caused by Falls in Mississippi Nursing Homes
Falls are the leading cause of injury-related death among adults aged 65 and older. In nursing homes, these injuries can be catastrophic. At Barrett Law, PLLC, we have represented families whose loved ones suffered:
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Hip fractures and broken bones
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Traumatic brain injuries (TBIs)
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Internal bleeding
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Spinal cord injuries
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Lacerations and contusions
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Wrongful death
Even non-fatal injuries often result in a permanent decline in quality of life. In many cases, these injuries could have been avoided had the nursing home followed proper protocols.
Who Is Most At Risk in Mississippi Nursing Homes?
Certain residents face an elevated fall risk, including:
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Residents with limited mobility
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Those with Alzheimer’s or dementia
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Residents with poor vision or balance issues
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Patients on medications affecting blood pressure or cognition
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Residents recently admitted or discharged from hospitals
Despite these known risk factors, some facilities fail to put proper safeguards in place. We’ve seen cases where residents known to be fall risks were left unsupervised, not given proper mobility aids, or placed in unsafe conditions.
How Barrett Law, PLLC Helps Mississippi Families
Barrett Law, PLLC has represented nursing home abuse victims throughout the state. Our firm conducts thorough investigations, obtains records, and works with medical experts to build strong cases. In one recent case, we represented the family of a resident who fell multiple times due to understaffing and faulty equipment. The facility ignored warning signs, leading to a final fall that resulted in a fatal head injury. We held that facility accountable.
We fight to secure compensation for:
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Medical bills and rehabilitation costs
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Pain and suffering
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Loss of enjoyment of life
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Wrongful death damages (if applicable)
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Punitive damages in egregious cases
Mississippi and Federal Legal Standards for Fall Prevention
Federal Standards (CMS & OBRA 1987)
All nursing homes receiving federal funding are regulated by the Centers for Medicare & Medicaid Services (CMS) and must follow the Nursing Home Reform Act (part of the Omnibus Budget Reconciliation Act of 1987). These laws set minimum standards for care, including fall prevention.
Mississippi State Law
The Mississippi Vulnerable Adults Act (Miss. Code Ann. § 43-47-1 et seq.) protects residents of care facilities from abuse, neglect, and exploitation. Facilities may also be liable under common law negligence principles, which require them to exercise reasonable care under the circumstances.
Signs That Fall Injuries May Be Due to Nursing Home Negligence
If your loved one has suffered a fall, ask the following questions:
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Was a fall risk assessment done on admission?
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Was the fall reported and documented properly?
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Was the resident left alone when they should have had supervision?
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Has the resident fallen before?
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Were staffing levels appropriate?
If the answer to any of these questions raises concern, it may be time to contact Barrett Law.
Practical Steps for Families After a Fall Incident
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Request all incident reports and medical records
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Ask for the care plan and whether it was updated
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Speak with your loved one (if possible) about what happened
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Take photos of injuries or the facility conditions
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File a formal complaint with the Mississippi State Department of Health
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Contact a nursing home abuse lawyer immediately
Delaying legal action may harm your case. Mississippi has strict statutes of limitations for injury claims, and evidence can disappear quickly.
Frequently Asked Questions (FAQs)
What laws protect nursing home residents in Mississippi?
Residents are protected under both federal law (OBRA 1987 and 42 CFR § 483) and state law (Miss. Code Ann. § 43-11-1 and § 43-47-1). These laws mandate that residents receive adequate supervision and that facilities are kept hazard-free.
Are nursing homes legally required to prevent falls?
Yes. Facilities must assess each resident’s fall risk and implement care plans to mitigate those risks. Failure to do so can be considered negligence under Mississippi law.
What should I do if my loved one fell in a Mississippi nursing home?
Seek medical care immediately. Then request medical records, incident reports, and the care plan. Contact a qualified nursing home abuse attorney to investigate further.
How do I prove the nursing home was responsible for the fall?
Evidence such as staffing records, surveillance footage, and expert witness testimony can help prove that a facility’s negligence caused the fall. An experienced law firm can obtain these.
Can I sue a nursing home for wrongful death after a fall?
Yes, if a fall caused or contributed to your loved one’s death and it resulted from negligence, you may have a valid wrongful death claim under Mississippi law.
How much compensation can we recover in a nursing home fall case?
Compensation varies based on the severity of the injury, medical expenses, pain and suffering, and whether the case involves wrongful death or gross negligence.
Is there a time limit to file a claim in Mississippi?
Yes. Mississippi has a general three-year statute of limitations for personal injury and wrongful death claims, but early action is crucial to preserve evidence.
What if the nursing home says the fall was just an accident?
Even if they claim the fall was unavoidable, a proper legal investigation can determine whether the incident could have been prevented through reasonable care.
Do we need to prove the nursing home acted intentionally?
No. Most fall cases involve negligence—not intent. If the nursing home failed to meet the standard of care, it can be held liable.
Will filing a claim affect my loved one’s care?
Facilities are prohibited from retaliating against residents or families for asserting legal rights. If you fear retaliation, your attorney can help implement protections.
Have You or Your Loved One 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 your loved one suffered a fall, injury, or death in a nursing home, don’t assume it was just an unfortunate accident. Facilities have a legal obligation to prevent harm, and when they fail, families deserve answers—and justice.
At Barrett Law, PLLC, we serve families across Mississippi—including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon. We hold nursing homes accountable for negligence and abuse, and we’re available 24/7 to discuss your case.
