What is the statute of limitations for medical malpractice in Mississippi?

Mississippi Medical Malpractice Laws

Mississippi has a 2-year statute of limitations for medical malpractice with a 7-year statute of repose (one of the longest in the country). A 60-day pre-suit notice is required. The Mississippi Supreme Court requires attorneys to consult with a qualified expert before filing. Noneconomic damages are capped at $500,000. There is no mandatory mediation or review panel.

Last verified: 2026-02-25

Statute of Limitations

2 years (7-year repose)Miss. Code Ann. § 15-1-36

Medical malpractice claims must be filed within 2 years from the date of the alleged act or omission, or within 2 years from when the patient discovered or should have discovered the malpractice. The 7-year statute of repose bars all claims filed more than 7 years after the underlying act, regardless of discovery.

Exceptions

Foreign ObjectsMiss. Code Ann. § 15-1-36

An exception to the 7-year repose exists for foreign objects left in the body during surgery.

Fraudulent ConcealmentMiss. Code Ann. § 15-1-36

The statute of repose may be tolled if the healthcare provider fraudulently concealed the malpractice from the patient.

Damage Caps

Non-Economic Damages: $500,000Miss. Code Ann. § 11-1-60(2)(a)

Noneconomic damages (pain, suffering, loss of companionship, emotional distress) are capped at $500,000. Juries are not informed of the cap. Economic damages (medical bills, lost wages) have no cap.

Punitive Damages: Sliding scale based on net worthMiss. Code Ann. § 11-1-65

Punitive damages in medical malpractice follow the same net-worth-based cap system as general personal injury.

Filing Requirements

60-Day Pre-Suit NoticeMiss. Code Ann. § 15-1-36(15)

A plaintiff must provide written notice to each prospective defendant at least 60 days before filing suit. The notice must state the legal basis of the claim and the nature of injuries with specificity. If notice is served within 60 days of the statute expiring, the filing deadline is extended 60 days.

Expert Consultation RequirementMiss. Code Ann. § 11-1-58

The plaintiff's attorney must consult with at least one qualified expert who confirms a reasonable basis for the claim. Exceptions include res ipsa loquitur cases and lack of informed consent claims.

Official Sources

Mississippi Legislature

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Mississippi Legislature. For advice about your specific situation, consult a licensed attorney.

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