What Is the Statute of Limitations for Medical Malpractice Claims in Mississippi?
Posted: Oct 17, 2016 4:37 PM
Patients expect doctors, nurses and other medical professionals to provide reliable, competent care. Unfortunately, health-care workers often make mistakes that cause serious illnesses, injuries or even death.
If you sustained an injury or loss due to substandard care you received from a medical worker, then you may have grounds for a medical malpractice lawsuit. However, recovering fair compensation is a legally complicated endeavor.
You or your medical malpractice attorney will need to prove negligence, liability and damages. This often requires expert testimonies, an independent medical evaluation, doctors’ records and other documentation.
If the incident happened in Mississippi, contact the Law Office of Randolph C. Wood, PLLC. Randolph C. Wood is your medical malpractice lawyer in Jackson who will evaluate your case to determine if you have grounds for a claim.
You may be entitled to compensation for medical bills, lost income and non-economic damages. Schedule a consultation today by calling 601-709-3584.
Statute of Limitations for Medical Malpractice Claims in Mississippi
The statute of limitations for medical malpractice claims in Mississippi is two years from the date when the malpractice occurred, or from the date when the malpractice might have been discovered or known with reasonable diligence. If you attempt to file a lawsuit after the statute of limitations has expired, then it is unlikely that the court will hear your case.
If you attempt to take legal action two years after the alleged malpractice and you rely on the “discovery rule,” then you or your medical malpractice attorney must prove that you could not have reasonably known the malpractice occurred until the date the discovery was made.
Just because you have two years to make a medical malpractice claim does not mean that you should put off legal action until your injuries heal. Over time, evidence may become unavailable, so you should contact a medical malpractice lawyer as soon as possible after the incident.
Statute of Repose for Medical Malpractice Claims in Mississippi
The statute of repose establishes a deadline by which a claim must be made regardless of whether or not the plaintiff could not have reasonably discovered the medical malpractice. In Mississippi, the statute of repose for medical malpractice cases is seven years after the incident occurred. As such, in most circumstances, you cannot file a medical malpractice lawsuit after seven years has passed since the medical malpractice took place.
There are only a few exceptions to this rule. For example, the statute of repose may not apply if a patient discovers that a surgeon left a foreign object inside his or her body, or if the defendant’s fraudulent actions concealed the malpractice. In these circumstances, the plaintiff has two years to file the medical malpractice lawsuit starting on the date when the medical mistake would have been discovered with reasonable diligence.
If you or a family member was a victim of a health-care worker’s negligence in Mississippi, turn to the Law Office of Randolph C. Wood, PLLC. Your medical malpractice lawyer in Jackson will evaluate your case to determine if you have grounds for a claim. Call 601-709-3584 today to schedule a consultation.