Medical malpractice in Mississippi
Flat noneconomic ceiling
Mississippi medical malpractice claims generally must be filed within two years of discovery, after 60 days of written notice, and face a $500,000 statutory limit on noneconomic damages.
Last reviewed September 22, 2026
- Noneconomic cap
- $500,000
- Usual filing window
- 2 years
- Notice before suit
- 60 days
The court applies it. The jury is generally not told
From discovery, and within 7 years of the act
Written notice can extend the filing period
Damage caps
Noneconomic damages in a medical malpractice action generally may not exceed $500,000. Economic damages such as medical bills and lost earnings are not limited by that statute. A 2025 proposal for a higher catastrophic cap did not become law.
Not capped
Economic damages
Medical bills and lost earnings remain limited by proof. Section 11-1-60 does not cap them.
Capped
Noneconomic damages
Noneconomic damages in a medical malpractice action generally may not exceed $500,000. The court applies the limit. The jury is generally not instructed on the cap.
House Bill 548 in 2025 sought a higher figure for catastrophic injury and failed in committee. A failed bill is not current law. This page does not state a catastrophic dollar above the $500,000 statute.
Confirm how multiple defendants share the $500,000 noneconomic limit on the facts. This page does not split it into a per-defendant average.
Filing deadlines
File within two years of discovery in most cases, subject to a seven-year outer limit and limited exceptions. Send the required 60-day notice before filing. Counsel must complete the expert consultation the statute requires.
- General rule
A malpractice action generally must be filed within two years after the date the alleged act, omission, or neglect is discovered, or should have been discovered with reasonable diligence.
- Outer limit
The action generally may not be brought more than seven years after the act. The statute includes exceptions, including foreign objects and fraudulent concealment.
- Certificate of consultation
Counsel must consult a qualified expert and determine that there is a reasonable basis to commence the action. Wimley v. Reid addresses what has to be attached to the filing. Failure to complete the consultation can still end the case.
- Notice before suit
At least 60 days of prior written notice to each defendant is generally required before suit.
Giving that notice can extend the limitations period by 60 days.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
One noneconomic figure
The valuation headline is the $500,000 noneconomic ceiling. The 2025 catastrophic proposal did not become law and is not a second band.
Notice and the seven-year repose share the calendar
Discovery starts the two-year period. Seven years from the act is the outer limit, with limited exceptions. The 60-day notice is a separate gate, and it can add 60 days to the limitations period.
Consultation still matters
Wimley v. Reid limits the attachment mechanics. It does not erase the duty to consult a qualified expert before filing.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Mississippi case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The noneconomic ceiling and proof of economic loss often shape the result.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Noneconomic damages in a medical malpractice action are capped at $500,000 under Mississippi Code section 11-1-60. Economic damages are not capped by that section. The court applies the limit. The jury is generally not instructed on it. House Bill 548 in 2025, which sought a higher catastrophic figure, failed in committee. It is not current law. Malpractice actions generally must be filed within two years of discovery under section 15-1-36, with a seven-year repose and foreign-object and fraudulent-concealment exceptions. At least 60 days of written presuit notice is generally required, and that notice can extend the limitations period by 60 days. A certificate of consultation is required under section 11-1-58. Wimley v. Reid limits what must be attached. The consultation itself still matters.
- Miss. Code § 11-1-60 (statute mirror) (opens in a new tab)Accessed September 22, 2026
- Miss. Code § 15-1-36 (statute mirror) (opens in a new tab)Accessed September 22, 2026
- Miss. Code § 11-1-58 (statute mirror) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Mississippi attorney about notice timing and the $500,000 noneconomic limit.