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Medical Negligence, medical malpractice, or med mal happens when a health care provider provides negligent medical care and in so doing injures a patient. Negligent care in Mississippi is care which is less than the medically accepted standard of care of health care providers of similar education and qualification. The following acts or omissions may be considered negligent and fruit for a Mississippi medical malpractice suit:

  1. Mistake in treatment of condition or in diagnosis of condition (i.e.-failing to diagnose cancer or heart attacks)
  2. Unreasonable delay in the diagnosis or treatment of a condition
  3. Injuries occurring because of treatment at birth
  4. Prescription errors

Speaking with a Mississippi medical malpractice attorney as soon as possible about an injury that may have resulted from medical negligence is advised.

Who Can Commit Malpractice In Mississippi?

Individuals or organizations that are licensed, authorized, and/or certified as health care service providers (or medical providers) in Mississippi are considered health care providers and can be sued for medical malpractice in Mississippi. Dentists, hospitals, nurses, psychologists, physical therapists, physicians and medical day care centers are several of the organizations/persons that qualify as health care providers. A Mississippi med mal lawyer should be contacted if you are confused about what persons or organizations qualify as health care providers.

Mississippi Medical Malpractice Statutes of Limitation

Medical malpractice claims must be filed within two years of the alleged omission or act by the medical care provider that caused your injury, or within two years of discovering the act or omission. No action for medical malpractice may be brought more than seven years after the inaction or action at the heart of the malpractice claim.

For minors, the statute of limitations for filing a medical malpractice claim is different that that for an adult. Minors six years old or less must bring their claims within two years of the minor's sixth birthday.

Because your med mal claim cannot be filed after the statute of limitations has expired, you should consult a Mississippi med mal attorney about filing your claim to ensure that your claim is filed on time. Failure to file your claim within the appropriate time frame will result in you not being able to recover damages for your medical malpractice claim.

Damages Limitations On Mississippi Medical Malpractice Claims

Non-economic, economic and punitive damages may be available in Mississippi. Non-economic damages include pain and suffering, loss of consortium, and loss of companionship. Economic damages include lost wages, and medical bills. Punitive damages are only available in extreme cases when the medical provider that caused your injury was willfully malicious or grossly negligent in his conduct and are designed to punish the defendant for his conduct.

Mississippi law caps non-economic damages at $500,000 per plaintiff. Punitive damages are rarely awarded and are limited by the defendant's net worth.

Talk to a Mississippi med mal attorney about limits on recoverable damages, and about your potential monetary recovery for your medical malpractice claim.

How To File A Mississippi Medical Malpractice Claim

When you suspect that your injury happened because a health care provider negligently treated you, you should speak with a Mississippi medical malpractice lawyer about filing and structuring your lawsuit. Medical malpractice lawsuits can be incredibly complex, often necessitating depositions, medical expert witnesses, communication with a defendant's team of lawyers, and communication with the medical provider's insurance company. In addition, several parties must often be included in the lawsuit: nurses, doctors, manufacturers whose defective product may have caused you injury. A Mississippi med mal lawyer will be able to promptly file your case, and ease your burden in what can be an expensive, long term, and complex process.

Mississippi Code Annotated

Mississippi Medical Malpractice

  1. Who Can Commit Medical Malpractice In Mississippi?
    1. Civil Practice and Procedure, Tit. 11, Chp.1 § 58.
  2. Mississippi Medical Malpractice Statutes of Limitations
    1. Limitations of Actions, Tit. 15, Chp.1 § 36.
  3. Medical Malpractice Damage Limitations in Mississippi
    1. Civil Practice and Procedure, Tit.11, Chp.1 §§ 60, 65.
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