Best Family Law Attorneys in Jackson, MS

You should talk to an attorney to determine the actual time you have to file your lawsuit. Generally in cases against private physicians and hospitals, you have two years to file your lawsuit. Actions against public hospitals and physicians must normally be filed within one year of the medical negligence. For more specific information on the statute of limitations click here.

Under Mississippi law, hospitals and clinics are liable for the negligence of their employees. However, hospitals are not ordinarily liable for the negligent acts of physicians who work as independent contractors. But where a hospital holds itself out or advertises a particular service (such as emergency room care), then the hospital may be liable for the negligent acts of an independent contractor physician.

To prove a medical malpractice case, you must have testimony from a medical expert who will identify both the specific act of medical negligence and the specific harm or injury that resulted.

Mississippi has a cap of $500,000 on non-economic damages in medical malpractice cases. A plaintiff can also recover for most economic losses including past/future lost wages and past/future medical expenses. When the allegedly negligent physician or hospital is a government entity, the maximum recovery including economic losses is $500,000.00.

Because medical malpractice cases are very expensive to pursue, most people cannot afford to pay their attorney fees and costs up front. Therefore, if you have a legitimate malpractice claim, we will usually agree to represent you on a contingency fee basis. This means that you do not pay any money unless we are successful in obtaining a settlement or judgment on your behalf.