Frequently Asked Questions About Medical Malpractice
We depend upon health care professionals to diagnose and treat us and help us recover. In cases where a health care professional causes you or a loved one to suffer pain and injury, Wood & Carlton, P.C., will help you seek answers and compensation.
Q: How long do I have to file a medical malpractice claim in Mississippi?
A: You must file a claim for medical malpractice within two years of when you discovered or should have discovered your injury and within seven years of when the actual act of alleged negligence occurred. For children under the age of 6, medical malpractice claims must be filed within two years of the child’s sixth birthday.
Q: What does the medical malpractice claims process entail?
A: Prior to filing a medical malpractice claims, you must provide the defendant with written notice detailing your intent to file, the legal basis for the claim and the resulting injuries. Additionally, under Miss. Code Ann. § 11-1-58, you must:
- Consult with a medical expert before filing suit in order to determine whether there is a reasonable basis for the claim
- Upon filing the suit, attach a certificate to the complaint declaring that the required consultation has taken place
In some cases, notice of a filing will prompt the defendant or his or her insurance company to attempt to settle.
Q: How do I prove medical negligence occurred?
A: In addition to fulfilling all of the legal requirements outlined in state statutes, to be successful, a medical malpractice case must provide medical expert testimony asserting that the medical provider failed to act in a reasonably skillful and careful manner. Compelling evidence must then be produced to directly link your or your loved one’s injuries to the medical provider’s actions.
Q: How much compensation will I receive for a medical malpractice claim?
A: A successful medical malpractice claim is likely to result in damages being awarded. There are both economic and noneconomic damages that may be awarded in these types of cases. In Mississippi, the cap on damages awarded for noneconomic damages is set at $500,000. For economic damages related to past and future medical expenses and lost income, there are no statute-set caps.