Do you have a medical malpractice case in Mississippi? You need to talk to a lawyer immediately to ensure it is not past the statute of limitations. Call us at 662-335-4171 or contact us online for a free case review.

Mississippi Medical Malpractice Statute of Limitations

If a health care professional injured you during medical treatment, you could have a claim for medical malpractice.

To bring a medical malpractice lawsuit in Mississippi, you must file the case within specified deadlines. The statute of limitations provides the deadlines for filing your claim. 

Different types of claims have different filing deadlines. Once the statute of limitations runs, this can prevent you from bringing the claim at all. This means that you will not be able to seek compensation for your injuries, even if you could have otherwise.

Because the statute of limitations can ban your claim from Mississippi courts entirely, you should consult an attorney. A lawyer can help ensure that you do not lose the right to bring your claim because the filing deadline passed.  

I searched the internet for a lawyer that had a good history of handling claims of my family’s nature. Mr Noel handled me and my family as though he knew us personally. He was able to secure a satisfactory settlement in our favor.

Loretta Williams Covington
Loretta Williams Covington

Katie goes above and beyond! Excellent service. Highly recommend.

Holly Beck
Holly Beck

They get the job done good law Firm

Dewayne Durham
Dewayne Durham

I reside in Seattle, Washington, and needed an attorney in Mississippi, my research led me to Noel Harris. My case took a little under three years, and Mr. Harris provided the best representation of myself and my lawsuit. The outcome was very favorable for me, and I am grateful for Mr. Harris. He is detail oriented, and does not miss a beat. I was treated with respect and kindness. I hope I do not have business in Mississippi again, but if I do, I know who to call. I cannot give a higher recommendation of Harris Law Firm.

Molly McBride
Molly McBride

I contacted Katie for help with an unusual legal problem. I needed a court order to have a birth certificate issued for a family member who died 30 years ago. As you can imagine, there is no attorney that specializes in birth certificates, but I sure did luck up. As soon as we spoke she and her team dove into the State statute and the Department of Health policies and quickly had a legal path to make this happen. In the process we uncovered a problem with the way the estate was handled and she took care of that also.

She was upfront about the cost and I found it to be reasonable. I was most impressed with the open and clear communication. She returned calls and emails promptly and used common language that I could understand. There were no surprises. Best of all, I am out of state and she took care of everything, saving me time and a trip. Katie really made this a painless process and I would highly recommend her.

Ron Tharp
Ron Tharp

Yes, I recommend, highly recommend, this firm because they take pride in their work and their reputation. If you care for specifics, read below:
1. Of the many firms from which I sought help, Harris Law Firm, PLLC of Greenville, MS, was the ONLY firm that deemed me worthy of even a response.
2. Their honest, realistic, upfront options were thoroughly and patiently explained to me without enticing promises.
3. I did not have to keep calling to find out what was going on. Their action was immediate; they had taken the first step before I completed my part. As a matter of fact, I had missed their attempts to notify me that it was favorably over.
4. Oh, and I agree with the two reviews before mine about the friendly staff and the reasonable fees.

Bertha Bell
Bertha Bell

While no one wishes to find themselves in a situation where legal services are needed, Mrs. Katie Elliott is a knowledgeable, trustworthy attorney you can expect to guide you through the legal process. We will not hesitate to return to her for our future legal needs.

Courtney Johnson
Courtney Johnson

Katie was very helpful and always quick to respond either with a call back or even a text message. Everything we needed we got with Katie. Highly recommend her to anyone.

Paulina Self
Paulina Self

We had a pretty bad accident back in January 2020 and we went to Noel Harris. He was very knowledgeable and very friendly. He would explain the whole process to us and treated us like friends and not just clients. I would recommend him to anyone.

Dakota Silvey
Dakota Silvey

Deadlines for Filing a Lawsuit for Medical Malpractice in Mississippi

Mississippi deals specifically with the medical malpractice statute of limitations in Mississippi Code § 15-1-36. Under the Mississippi Code, medical malpractice lawsuits must be filed within two years of the day the malpractice occurred.

If malpractice was not apparent on the day it happened, the statute of limitations might start when the error is discovered. In other words, once you are aware of the malpractice, you have two years to file a medical malpractice suit. 

Note that Mississippi does not allow a patient to bring a medical malpractice suit for incidents over seven years old. The court will not start the two-year statute of limitations over if more than seven years have passed since the error happened. This is true even if you exercised reasonable diligence and could not have discovered the malpractice sooner. 

Of course, there are exceptions to this seven-year limitations period, but in only two circumstances. A court may start the statute of limitations over from the day of discovery, even after seven years have passed, if:

  1. The case involves a foreign object left inside a patient during surgery or
  2. The health care provider concealed a medical error or another form of malpractice through fraud (intentional misrepresentation of fact).

In these situations, the court may allow you to start the statute of limitations over from the day you discover the object or the fraud, even if the error happened over seven years earlier. 

Exceptions to the Mississippi Medical Malpractice Statute of Limitations 

The Mississippi medical malpractice statute of limitations law gives a few situations where the filing deadline might vary from the general two-year limit. For example, a patient that was younger than six years old at the time of the incident may file a lawsuit within two years of the patient’s sixth birthday.

Also, a person who was mentally “unsound” at the time of the malpractice has two years from the time the person becomes mentally sound to file a lawsuit. This exception only applies if the person regains a sound mind within 21 years.    

Contact an Experienced Lawyer at Harris Law Today 

Mississippi medical malpractice laws are complex. In addition, the medical malpractice statute of limitations laws. Because of the complexity involved in both, it is especially tricky for those inexperienced in Mississippi law to pursue medical malpractice claims.

If you wish to pursue a medical malpractice claim, contact a lawyer immediately to ensure you file your claim before the statute of limitations expires.

At Harris Law, our dedicated medical malpractice lawyers strive to hold responsible parties accountable for their misconduct. Let our medical malpractice attorneys help you pursue justice and the compensation you deserve. Contact our legal team to schedule your free case review.

Author Photo

Noel Harris

W. Noel Harris, founder of Harris Law Firm, PLLC, is a distinguished personal injury attorney with a Juris Doctor from the University of Mississippi School of Law. Since 1981, he has been a dedicated member of the Plaintiff’s bar, specializing in personal injury, medical malpractice, wrongful death, and products liability. Known for his profound legal knowledge and tenacious client representation, Noel has over three decades of experience, yielding numerous million and multi-million dollar verdicts and settlements. His commitment to justice is reflected in his memberships in prestigious legal associations, including the Mississippi and Arkansas Bars, Mississippi Association for Justice, American Association for Justice, and the National Trial Lawyers Association. Recognized as a Top 100 Trial Lawyer and holding an AV Preeminent Rating from Martindale-Hubbell, Noel’s expertise and ethical standards set him apart as a leading advocate for accident victims in Greenville, MS. Read

More Articles By Noel Harris


1 Star2 Stars3 Stars4 Stars5 Stars
9 votes, average: 4.56 out of 5