Preparing To File A Medical Malpractice Lawsuit in Mississippi

In the eye of the pandemic, Mississippi was on full show for its shortage of doctors and nurses. While the main concern at the time was the shortage of resources to cope with the surge in cases, it also presented a supplementary concern: the increased possibility of medical malpractice, misdiagnosis, and compromised medical care. This comes as no surprise. According to medical malpractice law firm Jusmypoint, medical malpractice lawsuits have increased in the last year and have been correlated with the surge in C-19 cases. For instance, in Michigan, it made up 4 percent of the lawsuits in the state. As the statistics continue to shift, more people are searching for answers on the best way to navigate filing a medical malpractice lawsuit.

The best place to start if you suspect you have been a victim of medical malpractice is to understand what it entails, and its definition legally. Legally, medical malpractice occurs if the healthcare professional deviates from the standard of care when treating a patient. This could be in the form of medical misdiagnosis or delayed diagnosis that would have negatively impacted the patient’s health.

Therefore to prove medical malpractice, plaintiffs must show negligence on the healthcare professional’s part. To prove medical malpractice in Mississippi, you must be able to show that you were a patient under the professional’s care at the time of the incident and the duty of care was breached.

Similar to other states, Mississippi has a designated statute of limitations for filing medical malpractice lawsuits. Currently, the statute of limitations is 2 years. This means that the injured party has up to 2 years from the date that the medical professional committed the act to file their claim. Alternatively, you can file a medical malpractice claim up to 2 years from the discovery date i.e. the date when the malpractice or act was first discovered.

Another requirement for medical malpractice lawsuits in Mississippi is the certificate of consultation. Most medical malpractice lawsuits in the state are required to have one and it includes your attorney’s sworn oath that they have reviewed your case along with at least 1 expert opinion and based on the review, they have determined there are reasonable grounds for filing the lawsuit.

In 2012, over $3 million was paid out in medical malpractice claims. The compensation you are entitled to will depend on the kind of medical malpractice damage you are seeking and any designated laws stipulating compensation. For instance, plaintiffs can seek damages for general damages such as loss of future earning capacity or special damages like medical bills and lost income from missed work. Common medical malpractice claims include medical misdiagnosis and treatment, pregnancy and birth injuries, negligent medical advice, and surgical negligence. Speaking to a medication lawyer in such cases can help you get the answers you need.

There is currently a non-economic damages cap in place for Mississippi of $500,000. This refers to general damages like loss of enjoyment for life, mental effects or pain, and suffering. There is, however, no cap on economic damages like medical bills and loss of work due to injury. If you are looking for an estimate of what your medical malpractice claim may be worth, it is recommended that you speak to an attorney who should have an idea of average payouts. For instance, in 2018, the average compensation for medical malpractice lawsuits came in at $350,000. However, the state of Mississippi has paid out $17.1 million for malpractice lawsuits. Another example was the malpractice claim against Dr. Ronald Kotfila and the GI Associates clinic in Flowood, which saw the doctor being ordered to pay $6.1 million to the patient for complications from a medical procedure.

If you do suspect you have experienced medical misdiagnosis or malpractice, speaking to an attorney as soon as possible is the best way to plot your course of action going forward. Feel free to arm yourself with any questions you may have before committing, but the earlier you pursue it, the better chance you may have of proving it.