Statute of Limitations
- 3 years from occurrence with Discovery Rule. (Miss. Code Ann. §15-1-49)
- Medical malpractice – 2 years with Discovery Rule (including wrongful death). If plaintiff is a minor under six years of age, medical malpractice actions must be filed within 2 years of the date of the child’s sixth birthday. (Miss. Code Ann. §15-1-36)
Damages Cap
- Civil action – Noneconomic damages are capped at $1 million. (Miss. Code Ann. §11-1-60)
- Medical malpractice – Noneconomic damages are capped at $500,000 for entire claim. (Miss. Code Ann. §11-1-60)
- Punitive damages – punitive damages cap based on defendant’s net worth and limited to 2% of a defendant’s net worth if net worth is $50 million or less. (Miss. Code Ann. §11-1-65)
Statute of Limitations
- 3 years (1 year if caused by intentional tort). (Miss. Code Ann. §15-1-36)
Damages Cap
- Civil action – Noneconomic damages are capped at $1 million. (Miss. Code Ann. §11-1-60)
- Medical malpractice – Noneconomic damages are capped at $500,000 for entire claim. (Miss. Code Ann. §11-1-60)
- Punitive damages – punitive damages cap based on defendant’s net worth and limited to 2% of a defendant’s net worth if net worth is $50 million or less. (Miss. Code Ann. §11-1-65)
- 60-day written notice of medical malpractice action must be given to the defendant. (Miss. Code Ann. §15-1-36)
- Vulnerable Adults Act – (Miss. Code Ann. Title 43 Public Welfare, Chpt. 47)
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…