Mississippi’s medical malpractice law was recently updated by tort reform legislation passed in 2002.
Statute of Limitations
In Mississippi, the statute of limitations restricts malpractice legal actions to within 2 years of the omission, neglect or act, including all wrongful death claims. If a case involves a foreign object or fraudulent concealment, special provisions apply.
Mississippi also provides extra time for actions brought by minors or the mentally disabled, depending on the person’s status when the cause of the action was discovered. For minors under the age of 6, the claim must be filed within 2 years of the child’s 6th birthday or death.
In addition, no medical malpractice action may be filed until after the defendant has been given written notice and a 60-day waiting period has expired. The state will extend the statute of limitations to include this requirement.
Mississippi uses the doctrine of pure comparative negligence, where a plaintiff’s negligence won’t prevent him or her from recovering expenses and other awards but can reduce the amount received.
Each person is considered liable for only his or her part of the damages according to the amount of fault. Fault must be assigned to people with legal immunity and those who are absent as well as defendants who are present. This does not apply in cases where specific wrongful intent can be proven.
A hospital in Mississippi cannot generally be held liable for negligent acts committed by independent contractors unless the hospital advertises itself as the service provider. Mississippi also requires expert testimony for all medical negligence cases unless the case is considered obvious to laymen. Non-economic damages are capped at $500,000. This state does not require arbitration.
Mississippi - News Articles
The Law of Medical Malpractice in Mississippi: A Survey of Basic Considerations This article provides an overview of Mississippi medical malpractice law. In the Magnolia State, plaintiffs planning to file malpractice lawsuits ordinarily must first consult with a medical expert to obtain an opinion about whether the case has merit, and also must give 60Read More