Mississippi medical malpractice law
In Mississippi, you generally have 2 years to file a medical malpractice claim from the day the injury was discovered. Caps and rules for 2026.
Sources checked
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Your deadline: 2 years from when you found out
Mississippi rules at a glance
Work out your deadline- Filing deadline
- 2 years from when the injury was discovered
- Damage caps
- $500,000
- Before you file
- Written notice, and an expert's sign-off
- Shared fault
- Pure comparative
Full Mississippi law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2033
- 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
- 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.
Discovery rule
Applies
Yes, inside the 7-year outer limit.
Outer limit
7 years
7 years from the act or omission, except for foreign objects and fraudulent concealment, where the 2 years run from discovery.
Miss. Code Ann. § 15-1-36(2)
Damage caps
$500,000.
Mississippi caps non-economic damages in medical malpractice cases at $500,000; economic damages are not capped.
Children
Different clock
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.
Sources
- Mississippi Medical Malpractice Laws and Statutory Rules, AllLaw (Nolo)
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
- Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
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