Medical malpractice happens when a doctor, nurse, hospital or other health care provider fails to meet the accepted standard of care and a patient is harmed as a result. A 1999 Institute of Medicine report estimated that between 44,000 and 98,000 Americans die in hospitals each year because of medical errors, and many others are seriously injured.
A bad result does not by itself mean malpractice occurred. The question in a lawsuit is usually whether the provider acted in accordance with the standard of care that applied to the treatment at issue.
Types of medical malpractice cases
- Birth injury
- Dialysis errors
- Emergency room errors
- Failure to diagnose cancer
- Failure to diagnose stroke
- Medication errors
- Retained foreign bodies
- Surgery malpractice
Special rules for Mississippi medical malpractice claims
- Expert testimony. Mississippi courts generally require testimony from a qualified medical expert to establish the standard of care and how it was breached.
- Time limit. A claim generally must be filed within two years from the date the alleged act, omission or neglect was, or with reasonable diligence should have been, discovered (Miss. Code Ann. § 15-1-36). Different rules can apply to minors and in other situations.
- Notice before suit. The law requires at least 60 days’ prior written notice to the provider before a lawsuit is filed (§ 15-1-36).
- Certificate of consultation. The complaint must generally be accompanied by a certificate that the attorney has consulted with a qualified expert (§ 11-1-58).
- Damages limits. Mississippi law limits noneconomic damages (such as pain and suffering) in medical malpractice cases (§ 11-1-60).
Because of these requirements, medical malpractice cases take careful preparation, and it is important not to wait.
Talk with a Jackson, Mississippi lawyer
Have questions about medical malpractice? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.
This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.