In Mississippi, a medical malpractice case may be brought by an injured patient against a licensed health care provider based on negligence, misconduct, errors or omissions or breach of contract in rendering of health-related services.

Time Limits On Filing A Medical Malpractice Claim

Statute of Limitations / Discovery Rule

The Mississippi Code Annotated section 15-1-36 specifies that an injured patient must file a medical malpractice claim within two (2) years of the date on which the health care provider committed the alleged malpractice, or on a date which “reasonable diligence might have been first known or discovered” (known as the “discovery rule”).

Statute of Repose 

There is a catch-all filing deadline with limited exceptions for medical malpractice lawsuits in Mississippi. This statute says that the case cannot be filed “more than seven (7) years after the alleged act, omission or neglect occurred”. This means that no lawsuit can be filed if more than 7 years have passed since the malpractice occurred, regardless of whether the patient had a reasonable opportunity to discover that he or she was harmed by it. 

Mississippi’s Medical Malpractice Damages Cap

According to Mississippi Code Section 11-1-60, Mississippi’s cap for non-economic damages is set at $500,000.

If you or a loved one has been a victim of medical malpractice, you will want to speak with an experienced medical malpractice attorney. Call us today at (662) 841-8844 or complete our Contact Form to schedule a free consultation. We are here to help.