Mississippi Birth Injury Lawyers

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Mississippi Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Miss. Code Ann. §15-1-36 Two years from act or reasonable discovery, no more than seven years. The cause of action shall be deemed to have first accrued at, and not before, the time of discovery or with reasonable diligence should have been, first known or discovered for foreign objects or fraud. Minors age 6 and under: such minor may commence action on such claim at any time within two years next after the time at which the minor shall have reached his 6th birthday, or shall have died, whichever shall have first occurred.

Mississippi Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§11-1-60. $500,000 limit on noneconomic damages.

§11-1-65. In any civil action where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed the following: (i) $20 million for a defendant with a net worth of more than $1 billion; (ii) $15 million for a defendant with a net worth of more than $750 million but not more than $1 billion; (iii) $5 million for a defendant with a net worth of more than $500 million but not more than $750 million; (iv) $3,750,000 for a defendant with a net worth of more than $100 million but not more than $500 million; v) $2,500,000 for a defendant with a net worth of more than $50 million but not more than $100 million; or (vi) Two percent of the defendant's net worth for a defendant with a net worth of $50 million or less.

Limits on Attorney Fees

No limitations.

Periodic Payments

No applicable statute.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§41-63-1 et seq. Evaluation and review of professional health services providers