When negligence by a health care provider results in injury, the injured person can sue for medical malpractice. Mississippi laws govern the process of filing this type of lawsuit and potential outcomes.
Review the state’s requirements for a medical malpractice case.
Certificate of consultation
A medical malpractice claim must include a certificate of consultation. This document is a sworn oath by the plaintiff’s lawyer in which he or she attests that the claim is reasonable based on consultation with a qualified medical expert who can testify to the reasonable standard of care.
Without a certificate of consultation, the court will not move forward with the case. Cases in which the health care provider did not get the patient’s informed consent do not require this certificate.
Mississippi allows plaintiffs to seek unlimited monetary damages. This category includes payment for current and future medical bills, lost income, and loss of the ability to earn income.
The state limits nonmonetary damages to $500,000. This category includes scarring, disfigurement, loss of enjoyment of life, anxiety, stress, and pain and suffering that resulted from the incident of malpractice.
Statute of limitations
The person must file a medical malpractice lawsuit within two years of the incident or the date on which a reasonable person would have discovered the incident. In the latter circumstance, the plaintiff must show that he or she could not have reasonably discovered the malpractice injury until the later date.
Even in cases when the person did not uncover malpractice right away, he or she cannot file a lawsuit more than seven years after the alleged incident.