Mississippi Medical Malpractice Laws

Mississippi Code Section 15-1-36 governs medical negligence claims. It provides a two-year statute of limitations from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered but in no event more than seven (7) years after the alleged act, omission or neglect occurred, except for two exceptions. Written notice of the intent to sue is required at least sixty days in advance. Miss. Code Ann. § 15-1-36

(2), (15) However, medical-negligence claims against a state-sponsored hospital are governed by the Mississippi Tort Claims Act (MTCA), which has a shorter, one-year statute of limitations and requires presuit notice to be given at least ninety days before filing suit. Miss. Code Ann. § 11-46-11(3)(a), (b) (Rev. 2012).

In the event a foreign object introduced during a surgical or medical procedure has been left in a patient’s body, the cause of action shall be deemed to have first accrued at, and not before, the time at which the foreign object is, or with reasonable diligence should have been, first known or discovered to be in the patient’s body. In the event the cause of action shall have been fraudulently concealed from the knowledge of the person entitled thereto, the cause of action shall be deemed to have first accrued at, and not before, the time at which such fraud shall be, or with reasonable diligence should have been, first known or discovered.

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