Medical malpractice in Mississippi
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
4
Causation and injury
The breach more likely than not caused a compensable injury, not merely a bad outcome.
Burden of proof
Preponderance of the evidence, usually with expert testimony on the standard of care.
A Mississippi fact pattern
Medical malpractice in mississippi.
Statute of limitations
2 years
Miss. Code § 15-1-36
Two years from when the act was or should have been discovered.
Repose: 7 years.
- Seven-year outer wall from the act, with foreign-object and fraudulent-concealment carve-outs.