Best Medical Malpractice Lawyers in Mississippi (2026)
The malpractice lawyers in Mississippi we'd call first, drawn from every city list we've published in the state. Each one takes medical malpractice cases, and you can reach them right here.
Of the 7 firms on our 1 city list in Mississippi, Monge & Associates scores highest on malpractice focus, published results, client reviews and experience, followed by Diaz Law Firm and Morgan & Morgan. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Medical Malpractice Lawyers in Mississippi
Feature your firm in Mississippi
This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.
4.9172 Google reviewsRated 4.9 out of 5 on Google from 172 reviews
Best for: Families valuing clear communication
Scott Monge founded Monge & Associates in 1993, so its documented history goes back further than that of the other firms on this list. Clients describe replies that came promptly and explanations that made sense to them.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0248 Google reviewsRated 5.0 out of 5 on Google from 248 reviews
Best for: Misdiagnosis and wrongful death claims
Clients repeatedly mention attentive support and regular updates in Diaz Law Firm's 248 Google reviews, which give it a 5-star rating. The firm handles personal injury cases broadly, and its website covers misdiagnosis and wrongful death.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.9418 Google reviewsRated 4.9 out of 5 on Google from 418 reviews
Best for: Birth injury and cerebral palsy claims
Because 'Maggio Law's site discusses cerebral palsy and birth injury, families have specific subjects they can bring up in an initial conversation. Other personal injury matters are also part of this Jackson firm's work.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.94,551 Google reviewsRated 4.9 out of 5 on Google from 4551 reviews
Best for: Families researching birth injury claims
Richard Schwartz & Associates has a large collection of client comments on Google: 4,551 reviews that give the firm a 4.9-star rating. Many clients describe helpful service that made them feel comfortable.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
How a malpractice claim usually moves in Mississippi
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
Your deadline: 2 years from when you found out
Lawyers by city in Mississippi
Each city has its own list, with the local courts, hospitals and the lawyers closest to you.
Full Mississippi law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
Today
TreatmentMay 12, 2026
Likely deadlineMay 12, 2028
Outer limitMay 12, 2033
The filing deadline in Mississippi
The clock startsWhen you found out, or should have
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most7 yearsafter the treatment, with a few exceptions
Limits on damages in Mississippi
Pain and sufferingCapped at $500,000
All damages togetherNo overall cap
The rules in Mississippi
Filing deadline
2 years
Counted from when the injury was discovered. File within 2 years of the act or of when it was or reasonably should have been discovered, and no more than 7 years after the act.
For a child injured before age 6, the 2-year period does not begin before the sixth birthday (or the child's death), which generally gives until about age 8. Other rules apply to older children and people with mental disabilities.
Affidavit of merit
Required
The complaint must include a certificate of expert consultation by the attorney, unless an exception applies (three failed good-faith attempts, res ipsa loquitur or informed consent claims).
Miss. Code Ann. § 11-1-58
Notice before suing
Required
Give the provider at least 60 days' written notice of intent to sue, describing the legal basis and the injuries. Notice served in the last 60 days before the deadline extends it by 60 days.
Miss. Code Ann. § 15-1-36(15)
Shared fault
Pure comparative
Pure comparative fault: your award is reduced by your share of fault
Experts
Expert evidence
Expert testimony is generally required; the consulted expert must be qualified to testify on the standard of care under Mississippi law.
Mississippi's official code is published through LexisNexis. The minors rule in particular should be confirmed by a lawyer against the current text of § 15-1-36.
You generally have two years to file a medical malpractice claim in Mississippi, starting with the act or when you discovered it or reasonably should have discovered it. There’s also a seven-year outer limit, with exceptions.
Check the dates first. Before you file, Mississippi requires written notice to the provider and, unless an exception applies, an attorney’s certificate of expert consultation with the complaint. While you’re still figuring out what happened during treatment, an early review can help you meet those requirements.
You’ll find general information here, not legal advice. If you’re unsure how the filing rules apply to your treatment, ask a Mississippi lawyer. When the patient was a child or the injury came to light much later, ask specifically about the filing deadline.
The deadline depends on when the problem became discoverable
The medical malpractice filing period comes from Miss. Code Ann. § 15-1-36(2). According to AllLaw’s Mississippi malpractice guide, the discovery rule asks when someone discovered the act or reasonably should have discovered it. Even if you became certain something went wrong on a particular day, the clock may have started earlier.
Filing deadlines in Mississippi
The injury
The clock usually starts on the date of the malpractice or injury.
Discovery
Yes, inside the 7-year outer limit.
2 years
File within 2 years of the act or of when it was or reasonably should have been discovered, and no more than 7 years after the act. (Miss. Code Ann. § 15-1-36(2))
7 years (outer limit)
7 years from the act or omission, except for foreign objects and fraudulent concealment, where the 2 years run from discovery.
Children
For a child injured before age 6, the 2-year period does not begin before the sixth birthday (or the child's death), which generally gives until about age 8. Other rules apply to older children and people with mental disabilities.
When you write down the treatment date, also note when you first learned of a possible problem. Tell the lawyer why there’s a gap. The lawyer can start with your timeline, then use the chart and later medical records to help figure out when the filing clock began.
The outer limit is a separate restriction
Even without discovery, the act or omission generally starts the seven-year limit running. If you learn about a possible injury later, that doesn’t automatically start a fresh filing period. Foreign objects and fraudulent concealment are exceptions that Mississippi recognizes. When those exceptions apply, discovery starts the two-year period running.
Let a lawyer assess whether an exception applies. When you speak with a Mississippi lawyer, explain what you learned and whether someone had previously kept anything from you. Discovering an injury late isn’t the same as meeting a recognized exception, and that difference can affect a claim’s timing.
A child’s deadline needs a separate review
If a child was injured before age six, the sixth birthday or the child’s death must come before the two-year period begins. The deadline is generally around age eight, then. If the child is older or the person has mental disabilities, other rules apply.
In medical malpractice cases, non-economic damages are capped by Miss. Code Ann. § 11-1-60. Economic damages aren’t capped by it. When you discuss a possible claim, separate the two categories, because a limit on one doesn’t state a limit on every category of damages.
Mississippi caps non-economic damages in medical malpractice cases at $500,000; economic damages are not capped.
Damages
Limit in Mississippi
Non-economic (pain and suffering)
$500,000.
There’s a ceiling: the cap. Even with that ceiling, you aren’t promised a payment, told what a particular case might resolve for, or told whether your claim will succeed. Ask the lawyer where each claimed loss belongs before you discuss what the case might be worth.
Have a Mississippi lawyer check any wrongful-death-specific caps, as well as the rules for a total damages cap and punitive damages. You can’t answer those separate questions by looking at the general malpractice cap.
What must happen before and at filing
Even if your complaint reaches court on time, Mississippi has other requirements to meet. First, you must give written notice. When you file the complaint, the attorney’s expert-consultation certificate generally accompanies it; expert testimony is generally required as well.
What a claim needs in Mississippi
Requirement
The rule
Affidavit or certificate of merit
The complaint must include a certificate of expert consultation by the attorney, unless an exception applies (three failed good-faith attempts, res ipsa loquitur or informed consent claims).
Notice before suing
Give the provider at least 60 days' written notice of intent to sue, describing the legal basis and the injuries. Notice served in the last 60 days before the deadline extends it by 60 days.
Expert evidence
Expert testimony is generally required; the consulted expert must be qualified to testify on the standard of care under Mississippi law.
Shared fault rule
Pure comparative fault
Advance notice can affect the calendar
Before you sue, the provider must receive at least 60 days’ written notice of your intent under Miss. Code Ann. § 15-1-36(15). Include the injuries and the legal basis in that notice. Even if you’ve discussed your concerns with the provider, that doesn’t satisfy the written-notice rule.
If you serve notice within the last 60 days before the filing deadline, that deadline extends by 60 days. Before you rely on the extension, have a lawyer calculate it. Waiting until the end means you’ll need to deal with the notice requirement while also watching the filing clock.
The complaint generally needs a consultation certificate
When filing the complaint, the attorney generally must include a certificate of expert consultation under Miss. Code Ann. § 11-1-58. To testify about the standard of care, the consulted expert must qualify under Mississippi law.
If three good-faith attempts to obtain consultation fail, an exception applies. There are also exceptions for res ipsa loquitur claims and informed consent claims. Ask a lawyer whether your facts fit an exception, because concerns about consent don’t automatically waive the certificate requirement.
Shared fault can affect the recovery
Pure comparative fault applies in Mississippi. Rather than automatically barring recovery, a plaintiff’s share of fault can reduce the amount recovered. Take the provider’s argument to your lawyer if the provider says your conduct contributed to the injury. Your claim isn’t over just because someone makes that accusation.
How a malpractice case can move forward
You can follow a general path from consultation to resolution in the outline below. The schedule isn’t fixed. Because Mississippi’s notice and certificate rules shape the early work, ask your lawyer what needs attention first and which steps apply to your case.
From the first consultation to settlement or trial
1
Review the dates first
When you meet with the lawyer, describe your treatment and when you learned of the possible problem. Ask the lawyer to assess the discovery rule and outer limit before you discuss what a claim might be worth.
2
Examine the medical records
Gather the records you already have. If you’re concerned about a birth injury, include delivery notes so the lawyer can identify what needs more review and whether a qualified medical expert can address the standard of care.
3
Address notice and expert consultation
Before filing, the lawyer should address the consultation certificate and written notice, including whether an exception applies. Ask whether the date you give notice changes your filing deadline.
4
File the complaint if the case proceeds
When the complaint is filed, it generally must include the attorney’s certificate of expert consultation. Have your lawyer check the filing plan. Even if you’ve gathered records or spoken with a lawyer, those steps alone don’t satisfy this requirement.
5
Prepare for resolution
Ask what evidence settlement discussions or trial will need if the case moves forward. Generally, expert testimony is required in Mississippi malpractice cases. The damages cap alone can’t predict a settlement or a trial result, and neither one is promised.
What you can do now
Before you’ve answered every medical question, you can still seek a legal review. When you explain what happened, clearly distinguish what you remember yourself from what you learned later by reading a record or talking with a provider.
When you record the treatment date, note when you first suspected a problem. If those dates differ, explain the gap.
If you already have a chart or other medical records, bring them. Tell the lawyer the child’s age when treatment occurred if your concern involves an injured child.
When the lawyer calculates your deadline, ask them to account for advance notice. If you discovered the injury years later, ask directly about the outer limit.
Before you discuss possible compensation, ask what expert consultation you’ll need. Is there an exception to the certificate requirement, in the lawyer’s view?
If a family member died, let the lawyer know right away. Have local counsel check Mississippi’s wrongful death beneficiary rules separately and determine whether any damages limits apply specifically to wrongful death.
You can learn what comes next through a case review. Ask what’s needed to evaluate the treatment, and have the lawyer explain the filing clock in plain terms. Before you rely on a rule that’s still uncertain, have Mississippi counsel check what the current statutory text says.
How a malpractice claim usually moves in Mississippi
A claim may be possible. To assess whether you have one, a Mississippi lawyer needs to review your facts and deadline. Unless an exception applies, the state generally requires that you give the provider advance written notice and file the attorney’s certificate of expert consultation with the complaint. You generally need expert testimony as well. When you meet with a lawyer, ask whether you can meet those requirements.
Is it difficult to sue for malpractice?
Even when you file a complaint on time, there’s more work to do in Mississippi. Before suing, you generally must give the provider written notice; when filing the complaint, your attorney must include a certificate of expert consultation. To address the standard of care, the consulted expert must meet the qualifications under Mississippi law. Don’t wait until the filing clock is nearly over to start the medical and legal review.
Can you sue for medical malpractice 20 years later?
If you bring a claim 20 years later, timing is a serious issue because Mississippi generally sets a seven-year outer limit from the act or omission. When the statute’s exceptions for foreign objects and fraudulent concealment apply, discovery starts the two-year period running. Both exceptions require review. Have a Mississippi lawyer look at the circumstances as well as the dates.
Who are wrongful death beneficiaries in Mississippi?
Have the beneficiary rule checked by a Mississippi lawyer. Even if you’re a close relative, that alone doesn’t establish who can pursue a wrongful death claim or benefit from it. Have counsel check the malpractice filing requirements, too, if medical treatment came before the death. Local counsel also needs to review any wrongful-death-specific damages cap rules separately from those filing requirements.
What is the statute of limitations for bodily injury claims in Mississippi?
For medical malpractice claims, Mississippi generally allows two years from the act or its discovery, though a seven-year outer limit and exceptions also apply. Not every bodily injury claim has that same deadline. Ask a Mississippi lawyer to identify the applicable rule and check your deadline if your injury claim concerns something other than medical malpractice.
What is the deadline for a child’s medical malpractice claim?
If a child was injured before age six, the sixth birthday or the child’s death must come before the two-year period begins. The deadline is generally around age eight, then. If the child is older or the person has mental disabilities, other rules apply. Don’t rely on the child’s birthday alone; have a Mississippi lawyer calculate the deadline after checking the current text of § 15-1-36.
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