Health & Medical in Mississippi
Key Mississippi Law
Mississippi Code Section 15-1-36
Mississippi requires medical malpractice claims to be filed within two years of the act or omission, or two years from discovery, under Miss. Code Ann. § 15-1-36, with a seven-year absolute repose period.
View official statuteProcedural Details in Mississippi
Mississippi Agencies & Resources
Mississippi State Board of Medical Licensure
Licenses and disciplines physicians in Mississippi; investigates complaints about professional conduct.
Mississippi State Department of Health
Oversees hospital licensing and patient safety regulations in Mississippi.
Mississippi Insurance Department
Regulates health insurance and handles consumer complaints in Mississippi.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Mississippi?
Mississippi Code § 15-1-36 provides a two-year statute of limitations from the date of the malpractice or discovery, with a seven-year absolute repose period. Mississippi also requires 60 days' pre-suit written notice to the provider before filing the lawsuit under § 15-1-36(15).
Does Mississippi cap non-economic damages in malpractice cases?
Yes. Mississippi Code § 11-1-60 caps non-economic damages (pain and suffering, mental anguish, disfigurement) in medical malpractice at $500,000. Economic damages — medical bills, lost wages, future care costs — are not capped.
Does Mississippi require pre-suit notice before filing a malpractice claim?
Yes. Under Miss. Code Ann. § 15-1-36(15), plaintiffs must provide 60 days' written pre-suit notice to each defendant health care provider, including a description of the alleged negligent acts. The lawsuit may not be filed until after the 60-day notice period expires.
How do I file a complaint against a physician in Mississippi?
Complaints against physicians may be submitted to the Mississippi State Board of Medical Licensure at msbml.ms.gov. The Board investigates and may impose conditions, suspend, or revoke a physician's license. Board proceedings are separate from civil litigation and do not affect the pre-suit notice or SOL clock.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Mississippi?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.