Medical Malpractice Rules in Mississippi
The deadline to file a medical malpractice claim in Mississippi, the discovery rule, and caps on damages.
Short answer: Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. Miss. Code Ann. § 15-1-36
| Medical malpractice deadline | Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. The seven-year limit does not apply to a foreign object left in the body or to fraudulent concealment. Special extensions apply to young children and minors without a parent or guardian. This applies to licensed physicians, dentists, hospitals, nurses, pharmacists and certain other providers, including wrongful death claims arising from their services. Source: Miss. Code Ann. § 15-1-36 |
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| Medical malpractice caps | Yes. In malpractice actions against health care providers filed on or after September 1, 2004, noneconomic damages may not exceed $500,000. Source: Miss. Code Ann. § 11-1-60(2)(a) |
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FAQ
What is the statute of limitations for medical malpractice in Mississippi?
Two years from the date the act, omission or neglect was discovered or reasonably should have been discovered, and (for claims accruing on or after July 1, 1998) no more than seven years after it occurred. The seven-year limit does not apply to a foreign object left in the body or to fraudulent concealment. Special extensions apply to young children and minors without a parent or guardian. This applies to licensed physicians, dentists, hospitals, nurses, pharmacists and certain other providers, including wrongful death claims arising from their services.
Is there a cap on medical malpractice damages in Mississippi?
Yes. In malpractice actions against health care providers filed on or after September 1, 2004, noneconomic damages may not exceed $500,000.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.