Punitive damages may be awarded in cases where it is proven that a nursing home engaged in malicious or reckless conduct. In such cases, it is sometimes argued that the nursing home resident was deprived of his or her statutory rights. Because injured nursing home residents are older and mostly in poor health with relatively short life expectancies, damage elements that are common in other personal injury cases, such as lost earning capacity, future pain and suffering, and future medical expenses, are not as significant. Awards against nursing homes are generally made up of punitive damages; damages for mental anguish, pain and suffering; medical expenses; and the loss of affection and companionship by the surviving spouse or children.