Mississippi

• 3 years from occurrence with Discovery Rule. (Miss. Code Ann. §15-1-49)
• Medical malpractice – 2 years with Discovery Rule (including wrongful death). If plaintiff is a minor under six years of age, medical malpractice actions must be filed within 2 years of the date of the child’s sixth birthday. (Miss. Code Ann. §15-1-36)

• Civil action – Noneconomic damages are capped at $1 million. (Miss. Code Ann. §11-1-60)
• Medical malpractice – Noneconomic damages are capped at $500,000 for entire claim. (Miss. Code Ann. §11-1-60)
• Punitive damages – punitive damages cap based on defendant’s net worth and limited to 2% of a defendant’s net worth if net worth is $50 million or less. (Miss. Code Ann. §11-1-65)

• 3 years (1 year if caused by intentional tort). (Miss. Code Ann. §15-1-36)

• Civil action – Noneconomic damages are capped at $1 million. (Miss. Code Ann. §11-1-60)
• Medical malpractice – Noneconomic damages are capped at $500,000 for entire claim. (Miss. Code Ann. §11-1-60)
• Punitive damages – punitive damages cap based on defendant’s net worth and limited to 2% of a defendant’s net worth if net worth is $50 million or less. (Miss. Code Ann. §11-1-65)

• 60-day written notice of medical malpractice action must be given to the defendant. (Miss. Code Ann. §15-1-36)

• Mississippi State Department of Health
• Adult Protective Services
• Division of Aging and Adult Services
• Office of Attorney General, Vulnerable Adult Unit

• Vulnerable Adults Act – (Miss. Code Ann. Title 43 Public Welfare, Chpt. 47)

• Hazing Type Abuse In Mississippi Nursing Home

Recent national headlines regarding abusive nursing home workers appear almost surreal.  Abusive people caring for the most vulnerable seems commonplace.  Nonetheless, I was particularly disturbed to hear the report of nursing home abuse involving nurses at a Mississippi Nursing Home.  Clarionledger.com reports, two employees of Graceland Care Center have been arrested for crimes involving abuse of vulnerable adults.  According to the Mississippi Attorney General, Jim Hood, the arrests of the nurses were made following indictments by a Mississippi grand jury.

• New Pay-For-Performance Program Initiated To Help Improve Nursing Home Care

Nursing homes will now have one more reason to improve patient care--they will be paid for doing so. The Centers for Medicare & Medicaid Services (CMS) will initiate a new pay-for-performance program to inspire nursing to provide improved care to residents.

The plan formally known as,  Nursing Home Value-Based Purchasing Demonstration Project, will begin in July and run for three years.  All Medicare-certified nursing homes in Arizona, Mississippi, New York and Wisconsin are eligible to participate.  CMS anticipates at least 100 nursing homes in each state will participate in the program.

• Wrongful Death Lawsuit Alleges That An Emeritus Assisted Living Facilities Gross Neglect Of Dementia Patient Results In Death

A wrongful death lawsuit has been filed against Ridgeland Assisted Living (Mississippi) and its parent company Emeritus Corporation following an incidnet at the facility when a dementia patient fell from a second story window.

The lawsuit, filed by the daughter of the deceased resident, claims that despite multiple assurances from the facility, they failed to supervise and provide necessary safguards to keep the 83-year-old safe.

• Family Settles C. Diff Case With Nursing Home

The family of a deceased Mississippi nursing home patient that died from complications related to Clostridium Difficile (C. Diff) has settled a claim with the nursing home where she contracted the infection. WREG reported that the family of Virgina Valentine settled their wrongful death claim with Trinity Mission Health & Rehab for an undisclosed amount of money due to the alleged C. Diff infection of their loved one.

Shortly after her admission to Trinity Mission, Ms. Valentine became weakened to the point that she was taken to a nearby hospital.  While at the hospital, doctors diagnosed her with C. Diff and began administering antibiotics to kill the infection.  Despite the medical intervention, Ms. Valentine was unable to fight off the C. Diff and passed from complications.