What Counts as Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care and a patient is harmed as a result. Examples include misdiagnosis or delayed diagnosis, surgical errors, medication and anesthesia mistakes, birth injuries, and failure to monitor or treat a known condition. Not every bad outcome is malpractice — the key question is whether the provider's care fell below what a reasonably competent provider would have done.
These cases are among the most complex in personal injury law. They typically require expert medical testimony to establish both the standard of care and how the provider breached it.
Mississippi's Special Med-Mal Rules
Medical malpractice claims in Mississippi generally must be filed within two years of when the injury was or should have been discovered (Miss. Code § 15-1-36), with an outer 'statute of repose' of seven years. Mississippi also requires a pre-suit notice and, in most cases, a certificate of expert consultation before a malpractice lawsuit can proceed.
Because of these strict requirements and short deadlines, it is critical to involve an attorney as early as possible. Missing a procedural step can end an otherwise strong case.
Holding Negligent Providers Accountable
Compensation in a Mississippi malpractice case can include past and future medical expenses, lost income and earning capacity, pain and suffering, and the cost of ongoing care. Our network attorneys work with respected medical experts to build these demanding cases.
Injured in Mississippi? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Generally two years from when the injury was or should have been discovered (Miss. Code § 15-1-36), with a seven-year outer limit. Claims against public hospitals are even shorter.
Almost always. Mississippi typically requires expert medical testimony and a pre-suit certificate of consultation to establish that the provider breached the standard of care.
No. Malpractice requires that the provider's care fell below the accepted standard and caused harm. An attorney and medical expert can assess whether your case qualifies.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Mississippi attorney.