Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

Mississippi treats the two kinds of claim differently on both the cap and the clock.

Two caps

Under Miss. Code 11-1-60, noneconomic damages are limited to $500,000 in a cause of action for malpractice or breach of the standard of care against a health care provider, including institutions for the aged or infirm. Every other civil action is limited to $1,000,000.

Two clocks

Most injury claims have a three-year limit under Miss. Code 15-1-49. Malpractice claims generally must be filed within two years under 15-1-36, with a discovery-based start and an outer limit of seven years, and a pre-suit notice requirement applies before a malpractice lawsuit can be filed.

Venue

A medical malpractice action may only be brought in the county where the alleged act or omission occurred.

Government hospitals

If the provider is a county or other government entity, the Tort Claims Act applies instead: a notice of claim, a one-year deadline, and a $500,000 cap on total damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Mississippi's rules apply to your specific case with a licensed Mississippi attorney.