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Mississippi Malpractice FAQ

Our lawyers have experience representing injured patients as well as hospitals and doctors in medical malpractice cases.

What is the statute of limitations for medical malpractice in Mississippi?

You should talk to an attorney to determine the actual time you have to file your lawsuit. Generally in cases against private physicians and hospitals, you have two years to file your lawsuit. Actions against public hospitals and physicians must normally be filed within one year of the medical negligence. For more specific information on the statute of limitations click here.

Are hospitals responsible for the negligence of its employees?

Under Mississippi law, hospitals and clinics are liable for the negligence of their employees. However, hospitals are not ordinarily liable for the negligent acts of physicians who work as independent contractors. But where a hospital holds itself out or advertises a particular service (such as emergency room care), then the hospital may be liable for the negligent acts of an independent contractor physician.

What is required to prove a malpractice claim in Mississippi?

To prove a medical malpractice case, you must have testimony from a medical expert who will identify both the specific act of medical negligence and the specific harm or injury that resulted.

What is the maximum recovery in Mississippi in a medical malpractice case?

Mississippi has a cap of $500,000 on non-economic damages in medical malpractice cases. A plaintiff can also recover for most economic losses including past/future lost wages and past/future medical expenses. When the allegedly negligent physician or hospital is a government entity, the maximum recovery including economic losses is $500,000.00.

Can I recover against a state or county hospital in Mississippi?

You may pursue a claim for damages against a state or county hospital or clinic, or its employees, by complying with the requirements of the Mississippi Tort Claim Act (“MTCA”). A notice of claim must be given under the MTCA within one year after the date of the actionable conduct.

How do contingency fee cases work?

Because medical malpractice cases are very expensive to pursue, most people cannot afford to pay their attorney fees and costs up front. Therefore, if you have a legitimate malpractice claim, we will usually agree to represent you on a contingency fee basis. This means that you do not pay any money unless we are successful in obtaining a settlement or judgment on your behalf.

Contact Us

If you have questions about a potential medical negligence claim, email us or call our office at 601-957-3101 to schedule an initial consultation. Our law office is conveniently located in downtown Jackson, just off I-55.