Mississippi (MS) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Mississippi.
Damage Cap
$500,000 non-economic damages ($1,000,000 for catastrophic injuries)
Statute of Limitations
2 years from the date of the act or omission
Discovery Rule
Mississippi applies the discovery rule, tolling the statute until the patient discovers or should have discovered the injury, subject to a 7-year statute of repose.
Pre-Filing Requirements
Plaintiffs must file an expert certification that the case has merit prior to or at the time of filing the complaint.
Average Settlement
$150,000 - $375,000
Average Verdict
$275,000 - $950,000
Key Facts About Mississippi Medical Malpractice Law
- 1Mississippi has a two-tiered non-economic damages cap: $500,000 for standard cases and $1,000,000 for catastrophic injuries.
- 2An expert certification of merit must be filed with the complaint.
- 3Mississippi follows a pure comparative fault system, allowing recovery regardless of plaintiff's fault percentage.
- 4Venue reform limits where malpractice cases can be filed, generally requiring filing in the county where the act occurred.
Need Help with a Mississippi Medical Malpractice Case?
If you believe you have a medical malpractice claim in Mississippi, it is important to act quickly. The statute of limitations in Mississippi is 2 years from the date of the act or omission. Most medical malpractice attorneys offer free initial consultations.