If you want to file a negligence claim in Mississippi is tricky because of the state’s strict medical malpractice laws which limits how much compensation you can recover, how long you have to file your claim, and what burden of proof you must meet to have a valid claim.
What is Medical Negligence in Mississippi?
Medical malpractice occurs when an anesthesiologist, doctor, nurse or other medical professional causes injury to a patient through a careless or negligent act.
Examples of medical malpractice include:
Misreading an X-ray or lab result
Leaving an object like a sponge inside a patient during surgery
Operating on the wrong patient or body part
Inability to recognize symptoms.
Mississippi Medical Malpractice Laws
Statute of Limitations
For standard personal injury claims, Mississippi imposes a three-year statute of limitations, but the time limits on medical malpractice claims vary accordin to the type of negligence and age of the patient. Below are the statutes of limitations as outlined by Mississippi Code § 15-1-36 (2013):
General malpractice claims must be filed within two years.
When the discovery of the injury or damage is delayed, the statute of limitations is two years from the date the injury is discovered but no more than seven years.
If a child under the age of 6 is injured, a medical malpractice claim must be filed within two years of the child’s 6th birthday.
When the medical malpractice victim dies, their surviving family members must file their claim within three years of the date of death.
Caps on Damages
Non-economic damages, usually awarded for emotional suffering, are capped at $500,000, but that is the only limit in monetary damages in Mississippi medical negligence claims. S
Punitive damages are based on the defendant’s net worth, so the amount a person collects could be limited.
Before You File a Claim in Mississippi
To file your medical malpractice, claim in Mississippi, you must send a notice to the defendant 60 days before your entering your complaint. You must include testimony from medical experts, doctors, and other witnesses. The addresses below may be helpful if you need to file a medical malpractice claim.
Mississippi Torts Claim Board
Lea Ann McElroy, Administrator
501 North West Street, Suite 1301-C, Jackson, MS 39201
Mississippi State Board of Medical Licensure
1867 Crane Ridge Drive, Suite 200-B
Jackson, MS 39216
Mississippi’s Standard of Proof for Malpractice Claims
There is so much uncertainty in medicine, which is why there is such a stringent burden of proof for medical malpractice claims. Your medical negligence claim must prove the following:
The defendant violated an acceptable standard of care.
The plaintiff’s injury the result of the defendant’s negligence.
And, the victim faced monetary and emotional damages.
Proof of negligence is critical in a civil matter. If you want a successful injury claim, you need to prove negligence, and that requires you get the help of an expert.
Why Hire a Medical Malpractice Lawyer?
Are you wondering what you can do to hold a medical professional accountable? Do you plan on filing a personal injury claim? Are you unsure if you should hire a lawyer? A lot of medical malpractice victims are, but if you don’t get legal help, you could sell yourself short.