Every state, including Mississippi, has deadlines—or statute of limitations—for filing medical malpractice lawsuits. In Mississippi, the standard deadline is two years. Special provisions extend deadline for minors or mentally disabled people, based on either the injured person’s status on the date the cause of action is discovered, or with reasonable diligence, the injury might have been discovered. For a minor six years old or younger with a parent or guardian, an action may be brought within two years of the minor’s death or sixth birthday, whichever is earlier. For a mentally disabled person, an action may be brought within two years of death or removal of the disability, whichever is earlier. Effective January 1, 2003, a medical malpractice action cannot be filed until 60 days after giving the defendant written notice. If the statute of limitations would expire, it is extended to 60 days from notice.
Mississippi is a pure comparative negligence state. This means a claimant’s contributory negligence does not bar recovery. However, damages are reduced in proportion to the amount of negligence attributable to the claimant.
In 2016, Mississippi had 10,249 licensed physicians within a population of 2,988,726 residents, equaling 343 physicians for every 100,000 people. Medical malpractice suits in 2015 were 16.9 per 100,000 residents, with a total payout of $17.1 million. This represents a 12.98% increase from 2014. In 2015, Mississippi ranked 36th in medical malpractice lawsuits. The most common three types of medicine practiced as of 2014 were family medicine/general practice, internal medicine, and pediatrics.
• Industry Average Cost of a Mississippi Medical Malpractice Insurance Policy: $8,644
• Is Medical Malpractice Insurance Required in Mississippi? No, but protecting assets is recommended.
• Minimum Carrying Requirements in Mississippi: None, but as mentioned it is highly recommended.
• What are the medical malpractice damage caps in Mississippi? The noneconomic damages cap is set at $500,000 in the state.
• What is the “statute of limitations” for a medical malpractice complaint? 2 years, Mississippi Code section 15-1-36(1).