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The current statutory requirements in Mississippi applicable to medical malpractice cases are set out in Miss. Code. Ann. §§ 11-1-58, 11-1-59, 11-1-60 and 15-1-36. These statutes provide physicians and hospitals with special protections. They also make it more difficult for injured patients to receive fair compensation.

Who is protected?

All licensed physicians, osteopaths, dentists, hospitals, institutions for the aged or infirm, nurses, pharmacists, podiatrists, optometrists or chiropractors for any claims arising out of the course of medical, surgical or other professional services.

Time limits on filing a medical malpractice lawsuit?

You normally have to file a lawsuit within two (2) years from the date of the alleged negligence if the claim is against a private doctor or hospital. In some situations the time does not start to run until you discover the malpractice. But with few exceptions you may not file a lawsuit more than seven (7) years after the malpractice occurred.

The statute of limitations for a filing a malpractice claim against a health care professional employed by a government agency is one (1) year.

Medical Malpractice Damage Limits?

According to Miss. Code Ann. §11-1-60, the plaintiff shall not be awarded more than Five Hundred Thousand Dollars ($500,000.00) for non-economic damages.

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