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Elder Abuse & Neglect

Mississippi Elder Neglect Attorney

Legal Help When A Loved One Is Harmed

When an elderly parent or relative is hurt in a nursing home or care facility, families often feel shocked, angry, and unsure where to turn. You trusted others to provide safe and respectful care. Now you may be wondering whether what you are seeing is neglect or abuse, and whether a lawyer can help.

At McHugh Fuller Law Group, we represent families across Mississippi who suspect that an elderly loved one has been harmed by the very people entrusted with their care. For more than 20 years, our team has focused on fighting negligence and holding powerful medical providers and long-term care companies accountable when their conduct hurts vulnerable seniors.

If you are searching for an elder neglect attorney in Mississippi who will listen to your concerns and help you understand your options, we are here to talk with you. Our goal is to protect your loved one’s rights and to stand up to facilities that put profits ahead of safety.

Contact us today at (601) 255-0240 to schedule a free consultation.

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What is Considered Elder Abuse?

Elder abuse includes any intentional or negligent act that causes harm or serious risk of harm to an elderly person. In Mississippi, elder abuse may take many forms, including:

Physical Abuse

  • Hitting, slapping, pushing, or restraining an elderly person
  • Improper use of medication or physical restraints
  • Unexplained injuries such as bruises, broken bones, or burns

Emotional Abuse

  • Verbal attacks, threats, or humiliation
  • Isolation from friends or family
  • Intimidation or coercion

Sexual Abuse

  • Non-consensual sexual contact or exploitation
  • Inappropriate touching or sexual acts

Financial Exploitation

  • Stealing money or property
  • Forging signatures or coercing an elder into signing documents
  • Misusing power of attorney or guardianship

Neglect

Neglect is one of the most common forms of elder abuse and often occurs in nursing homes or assisted living facilities. Neglect includes:

  • Failure to provide adequate food, water, hygiene, or medical care
  • Leaving an elderly person unattended or unsupervised
  • Failing to address bedsores, infections, or other medical issues

If you suspect any of these signs, it is important to act quickly. Elder abuse often escalates, and the longer it continues, the more severe the harm can become.

Mississippi Elder Abuse Law

Mississippi law provides protections for elderly individuals who are vulnerable due to age, disability, or mental impairment. Elder abuse claims can be pursued under a variety of legal theories, including:

Negligence

If a caregiver or facility fails to meet the standard of care required, they may be held liable for injuries caused by their negligence.

Intentional Tort

In cases of intentional abuse, such as assault or battery, the perpetrator may be held liable for damages.

Breach of Fiduciary Duty

Caregivers and facilities have a legal obligation to act in the best interests of the elderly person. Financial exploitation or misuse of power of attorney may constitute a breach of fiduciary duty.

Wrongful Death

If elder abuse or neglect results in the death of an elderly person, surviving family members may be able to pursue a wrongful death claim.

Mississippi also has reporting laws that require certain professionals to report suspected abuse or neglect. This includes healthcare providers, social workers, and facility staff. However, reporting alone may not be enough to stop the abuse or secure justice. An experienced Mississippi elder abuse lawyer can help you navigate the legal process and protect your loved one.

Who is Liable for Elder Abuse?

Elder abuse can be committed by a wide range of individuals or entities, including:

  • Nursing home staff or administrators
  • Assisted living facility caregivers
  • Home health aides
  • Family members or friends
  • Financial advisors or guardians
  • Doctors or medical professionals
  • Property managers or caretakers

In many cases, liability extends beyond the individual caregiver to the facility or company that employed them. This is known as vicarious liability, meaning the facility may be responsible for the actions of its employees if it failed to properly train, supervise, or screen staff.

What to Do If Your Elderly Loved One is Being Abused

If you suspect elder abuse or neglect, it is important to take immediate steps to protect your loved one and preserve evidence:

Ensure Safety

  • Remove your loved one from the abusive situation if possible.
  • Seek medical attention for injuries or signs of neglect.

Document Everything

  • Take photos of injuries or unsafe living conditions.
  • Keep records of medical reports, medication errors, and communication with staff.

Report the Abuse

  • Contact local law enforcement if there is immediate danger.
  • Report suspected abuse to Adult Protective Services (APS) or the Mississippi Department of Health.

Contact an Elder Abuse Lawyer

  • A skilled attorney can help you understand your legal options, gather evidence, and file a claim.

At McHugh Fuller Law Group, we will conduct a thorough investigation and work to hold the responsible parties accountable. We know how emotionally and financially devastating elder abuse can be, and we are committed to helping families through every step of the legal process.

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Founding attorneys Jim McHugh and Mike Fuller have gone up against hospitals, corporations, and national defense firms - and won. Their work has led to millions recovered and real accountability.

How McHugh Fuller Helps Families

Once you suspect that a loved one has been harmed, you need a legal team that understands both the human cost and the legal challenges of these cases. At McHugh Fuller Law Group, we focus our work on negligence and on standing up to powerful entities that hurt people through unsafe decisions and conduct. That includes nursing homes, assisted living facilities, hospitals, and other medical providers responsible for senior care in Mississippi.

With more than two decades of experience handling complex negligence cases, our attorneys know how facilities and their corporate owners often operate. Problems like chronic understaffing, poor training, and unsafe policies are rarely accidents. They are often the result of decisions made by management or parent corporations that place cost savings ahead of resident safety.

When you contact us about suspected elder abuse or neglect, we start by listening carefully to your story. We want to understand what you have seen, what the facility has said, and how your loved one has changed. From there, we can discuss whether what you are describing may point to negligence or abuse and what options might be available.

We work to obtain and review key records, such as medical charts and facility documentation, and we look at the broader circumstances around the injuries. Our role as an elder abuse lawyer in Mississippi is to help identify whether the harm resulted from careless or reckless conduct by staff, administrators, corporate owners, or medical providers, then pursue accountability through the legal system when appropriate.

Throughout the process, our team strives to keep you informed and involved without overwhelming you. These cases can be emotionally difficult, and we recognize that families are often balancing work, caregiving, and other responsibilities. Our goal is to shoulder the legal burden so you can focus on your loved one’s well-being.

To speak with our team confidentially, call (601) 255-0240 today.

  • How Long Do I Have to File a Nursing Home Abuse Lawsuit in Mississippi?

    In Mississippi, the statute of limitations for nursing home abuse lawsuits is generally three years from the date of the injury or accident.However, certain exceptions may apply in rare cases.Seeking sound counsel is crucial to bringing a lawsuit within the appropriate deadline and maintaining eligibility for compensation. Our firm can investigate your case and gather evidence to help you file a timely claim.

  • What Types of Compensation Can I Recover in a Nursing Home Abuse Case?

    Depending on the case, various types of compensation may be available in a nursing home abuse lawsuit. Common recoverable damages include:

    • Economic damages for direct financial losses, such as medical bills, rehabilitation and long-term care costs, lost earnings and earning capacity, and counseling and mental health services.
    • Non-economic damages for indirect, subjective losses, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

    In cases involving extremely egregious misconduct, the court may also award punitive damages to punish the defendant and deter similar behavior in the future. No matter your legal circumstances, consulting a trusted lawyer is crucial to recovering the total compensation available to you.

  • Can I File a Nursing Home Abuse Claim on Behalf of a Loved One who Passed Away?

    If your loved one passed away after nursing home abuse, your family may be entitled to compensation for burial costs, funeral expenses, pain and suffering, loss of consortium, lost wages or benefits, and other damages in a wrongful death lawsuit. Our advocates are experienced in handling these sensitive matters with care and compassion while you focus on honoring your loved one’s life and legacy.

  • What Are Common Medical Errors Leading to Medical Malpractice Claims?

    Medical malpractice can occur for a variety of reasons. Common medical errors leading to medical malpractice claims include misdiagnosis and delayed diagnosis, surgical errors, medication mistakes, birth injuries, failure to treat, and anesthesia errors. If you or a loved one was harmed by a medical error, McHugh Fuller Law Group can provide the compassionate and skilled legal representation you deserve.

  • What Constitutes a Defective Product in Mississippi?

    A product is considered defective if it is unreasonably dangerous when used as intended or in a foreseeable manner, such as due to a design flaw, manufacturing error, or inadequate warnings or instructions. If you were harmed by a dangerous product, we can fight to hold the negligent manufacturer, distributor, or seller accountable in a product liability lawsuit.

  • Can I Recover Damages in a Personal Injury Claim if I Was Partially at Fault?

    Mississippi follows the pure comparative negligence rule, meaning that victims can still recover compensation in a personal injury claim even if they are partially at fault for their injuries. Unlike modified comparative negligence, state law allows plaintiffs to seek compensation as long as their share of the fault is 99% or less.

    However, the total amount of compensation awarded will be reduced by your percentage of the fault. For example, if you are 40% at fault for an accident totaling $100,000 in damages, you will only receive $60,000 ($40,000 less than the original amount). Having a knowledgeable lawyer by your side is paramount to calculating available damages and maximizing the value of your claim.

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Because your loved ones deserve the best

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    Successfully resolved more than a thousand cases for our clients

  • $91,500,000 Verdict Wrongful Death Case

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  • Trial Lawyers Here to Help

    Decades of combined experience taking cases all the way to trial, if necessary

  • $1.2 Million Arbitration Nursing Home Abuse
  • $91,500,000 + Verdict Wrongful Death Case

 

Elder Abuse Claim FAQs

Q: What evidence is needed for an elder abuse claim?

A: Evidence may include medical records, photos of injuries, witness statements, facility records, and documentation of financial transactions. An attorney can help gather and preserve crucial evidence.

Q: How long do I have to file an elder abuse claim in Mississippi?

A: The statute of limitations depends on the type of claim (e.g., negligence vs. wrongful death). It is important to contact a lawyer promptly to avoid missing deadlines.

Q: Can I sue a nursing home for neglect?

A: Yes. Nursing homes can be held liable for neglect if they fail to provide adequate care, staff properly, or address medical needs.

Q: What compensation can we recover?

A: Victims may recover damages for medical expenses, pain and suffering, emotional distress, lost wages, and, in some cases, punitive damages.

Q: Do we have to go to court?

A: Many cases settle out of court, but if the responsible party refuses to negotiate fairly, your attorney may take the case to trial.

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