Mississippi Medical Malpractice Attorneys

At DearLegal, we connect you with experienced Mississippi medical malpractice attorneys who know the $500,000 non-economic cap under Miss. Code § 11-1-60, the 60-day pre-suit notice under § 15-1-36(15), and how to litigate against UMMC, Baptist Memorial, Singing River, Memorial Hospital at Gulfport, and Forrest General defense teams. Whether your injury happened in Jackson, Gulfport, Hattiesburg, or Tupelo, we’ll match you with the right attorney — at no cost to get started.

A provider breaches the standard of care of a reasonably skilled provider in the same specialty, and the breach causes injury. Expert testimony is required.

Miss. Code § 11-1-60 caps non-economic damages at $500,000 in medical malpractice cases. Economic damages are uncapped. The Mississippi Supreme Court has addressed cap challenges but the cap currently stands.

Physicians, nurses, dentists, hospitals (UMMC, Baptist Memorial, Singing River, Memorial Hospital at Gulfport, Forrest General, North Mississippi Medical Center), surgery centers, and LTC. UMMC and other state-affiliated facilities are MTCA-governed with separate procedures and damages caps.

The 2-year SOL runs from discovery (Miss. Code § 15-1-36(2)). The 7-year statute of repose is the outer limit, with foreign-object and fraudulent-concealment exceptions.

Under Miss. Code § 15-1-36(15), the plaintiff must serve a written Notice of Claim on each defendant at least 60 days before filing suit. The notice must detail the legal basis, type of loss, and damages sought.

University of Mississippi Medical Center is a state entity governed by the Mississippi Tort Claims Act (Miss. Code § 11-46-1 et seq.). The MTCA imposes a 1-year SOL, 90-day notice requirement, and $500,000 per-claimant damages cap — separate framework from private-provider cases.

Certificate-of-consultation experts, standard-of-care experts, causation experts, life-care planners, and economists typically push case-cost advances to $50,000–$200,000 in serious cases.

Why Do You Need a Medical Malpractice Attorney in Mississippi?

Mississippi imposes a $500,000 cap on non-economic damages in medical malpractice cases under Miss. Code § 11-1-60. Economic damages are uncapped. Before suit can be filed, the plaintiff must serve a 60-day Notice of Claim under Miss. Code § 15-1-36(15) and submit a Certificate of Expert Consultation under § 11-1-58 (now generally referred to as the consultation certificate, signed by the plaintiff’s attorney based on expert consultation). The 2-year SOL (§ 15-1-36) runs from discovery, with a 7-year statute of repose. UMMC (University of Mississippi Medical Center) is a state entity subject to the Mississippi Tort Claims Act with separate notice and damages rules.

When Do You Need a Medical Malpractice Attorney in Mississippi?

Our network includes Mississippi medical malpractice attorneys who handle every kind of case, including:

Types of Medical Malpractice Cases in Mississippi

From the moment you connect with a Mississippi medical malpractice attorney, they go to work protecting your claim. The most common case types we handle:

Filing suit before the 60-day Notice of Claim under § 15-1-36(15) has expired

Filing without the Certificate of Expert Consultation under § 11-1-58

Missing the 7-year statute of repose, which bars claims regardless of discovery (foreign-object aside)

Suing UMMC without complying with the MTCA — 1-year SOL, 90-day notice, and $500,000 per-claimant cap

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Filing suit before the 60-day Notice of Claim under § 15-1-36(15) has expired

Filing without the Certificate of Expert Consultation under § 11-1-58

Missing the 7-year statute of repose, which bars claims regardless of discovery (foreign-object aside)

Suing UMMC without complying with the MTCA — 1-year SOL, 90-day notice, and $500,000 per-claimant cap

Signing an arbitration agreement at hospital intake without realizing it waives jury trial

Talking to hospital risk-management or quality-assurance staff without counsel

Common Mississippi Medical Malpractice Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Mississippi Medical Malpractice Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Mississippi does not statutorily cap medical malpractice contingency fees in most cases. Typical fees range from 33% pre-suit to 40% at trial. Certificate-of-consultation costs, expert fees, and depositions typically push case-cost advances to $50,000–$200,000 in serious cases.

What Can Your Mississippi Medical Malpractice Compensation Include?

Economic Damages (No Cap)

Medical bills, future care, lost wages, lost earning capacity, life-care plans, and rehabilitation. Mississippi does not cap economic damages.

Non-Economic Damages (Capped at $500,000)

Pain, suffering, mental anguish, loss of enjoyment, disfigurement: capped at $500,000 under Miss. Code § 11-1-60.

Punitive Damages

Available under Miss. Code § 11-1-65 for actual malice, gross negligence, or fraud by clear and convincing evidence. Cap based on defendant’s net worth (sliding scale from $20M down to $1M).

Loss of Consortium

Spouse may recover for loss of companionship, services, and intimacy. Subject to the § 11-1-60 cap.

Wrongful Death (Subject to Cap Framework)

Miss. Code § 11-7-13 wrongful death claims; non-economic component subject to the § 11-1-60 cap framework.

MTCA Cap (UMMC and State Providers)

Mississippi Tort Claims Act caps total damages at $500,000 per claimant for claims against state-affiliated providers (Miss. Code § 11-46-15) — separate from the private-provider non-economic cap.

!!!

DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Mississippi Medical Malpractice Attorneys

Why Do You Need a Medical Malpractice Attorney in Mississippi?

When Do You Need a Medical Malpractice Attorney in Mississippi?

Types of Medical Malpractice Cases in Mississippi

Common Mississippi Medical Malpractice Mistakes

How Much Do Mississippi Medical Malpractice Attorneys Cost?

What Can Your Mississippi Medical Malpractice Compensation Include?

Ready when you are.

Your help is just

a minute away.

Start your case

in minutes.