Mississippi

Statute of

 Limitations

 Medical Claim Generally:

“For any claim accruing on or after July 1, 1998,” no medical malpractice claim can be brought “unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered” and “in no event more than seven (7) years after the alleged act, omission or neglect occurred” [Miss. Code § 15-1-36] 

 Minors:

“If at the time at which the cause of action shall or with reasonable diligence might have been first known or discovered, the person to whom such claim has accrued shall be six (6) years of age or younger, then such minor or the person claiming through such minor may, notwithstanding that the period of time limited pursuant to subsections (1) and (2) of this section shall have expired, commence action on such claim at any time within two (2) years next after the time at which the minor shall have reached his sixth birthday, or shall have died, whichever shall have first occurred.” [Miss. Code § 15-1-36] 

 Wrongful death:

A wrongful death claim must be filed within 2 years [Miss. Code § 15-1-36] 

 Damage Caps

“In any cause of action filed on or after September 1, 2004, for injury based on malpractice or breach of standard of care against a provider of health care, including institutions for the aged or infirm, in the event the trier of fact finds the defendant liable, they shall not award the plaintiff more than Five Hundred Thousand Dollars ($500,000.00) for noneconomic damages.” [Miss. Code Ann. § 11-1-60] Mississippi also puts a cap on punitive damages based on a percentage of the defendant’s net worth [Miss. Code Ann. § 11-1-65]

Attorney 

Fee Caps

Mississippi currently has no medical malpractice attorney fee caps

 Pre-suit   Requirements

“No action based upon the health care provider's professional negligence may be begun unless the defendant has been given at least sixty (60) days' prior written notice of the intention to begin the action. No particular form of notice is required, but it shall notify the defendant of the legal basis of the claim and the type of loss sustained, including with specificity the nature of the injuries suffered. If the notice is served within sixty (60) days prior to the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended sixty (60) days from the service of the notice for said health care providers and others.” [Miss. Code Ann. § 15-1-36(15)] 

A ”certificate of consultation” is also  required in medical malpractice actions [Miss. Code Ann. § 11-1-58]

Expert  

 Qualifications

“A person may qualify as an expert witness on the issue of the appropriate medical standard of care if the witness is licensed in this state, or some other state, as a doctor of medicine.” [Miss. Code Ann. § 11-1-61]

 Negligent Credentialing   Claims

Lower courts in Mississippi have recognized negligent credentialing as a cause of action. [Frazier v. University of Mississippi Medical Center]