Mississippi Medical Malpractice Statute of Limitations: What Patients Must Know

When you entrust your health to a medical professional at Memorial Hospital in Gulfport or Singing River, you expect a standard of care that ensures your safety. When that trust is broken through negligence, the physical and emotional toll can be overwhelming. However, in the aftermath of a medical error, another threat looms silently: the legal deadline to file a claim.

In Mississippi, the “statute of limitations” for medical malpractice is one of the strictest and most complex in the nation. It is not simply a matter of watching a calendar; it involves specific legal triggers, mandatory pre-suit notices, and harsh “statutes of repose” that can permanently bar a valid claim.

How Long Do I Have to File a Medical Malpractice Lawsuit in Mississippi?

Generally, you have two years from the date the alleged malpractice occurred or from the date you could have reasonably discovered the injury to file a lawsuit. This deadline is strictly enforced by Mississippi courts, and failing to file within this window almost always results in the dismissal of your case, regardless of how severe the medical error was.

While the “two-year rule” sounds simple, the reality under Miss. Code Ann. § 15-1-36 is far more nuanced. The clock does not always start ticking on the day of the surgery or misdiagnosis. Mississippi applies what is known as the “discovery rule.” This means that if the injury was latent, such as a sponge left inside a patient that causes infection months later, the two-year period may not begin until you discovered, or using “reasonable diligence” should have discovered, the negligence.

However, “reasonable diligence” is a high bar. Insurance defense attorneys often argue that you should have known about the injury sooner (e.g., when you first felt pain or sought a second opinion). Because of this, it is critical to treat the date of the actual medical procedure as the primary deadline whenever possible.

Key Factors That Affect the Two-Year Clock:

The Date of the Act: The default starting point is the date the surgery, misdiagnosis, or medication error happened.
The Date of Discovery: If the injury was hidden, the clock starts when you discover the connection between your symptoms and the medical error.
Continuous Treatment: In some specific scenarios, if you continued treating with the same doctor for the same condition, the clock might be paused, though relying on this is legally risky.
The Defendant’s Identity: You generally must know who caused the injury to file; however, you cannot simply wait indefinitely to investigate.

Does the Time Limit Change if the Victim Is a Child?

Yes, the timeline is different for young children; if the victim was under six years old at the time of the malpractice, they typically have until their eighth birthday to file a claim. For minors aged six or older at the time of the incident, the standard two-year statute of limitations generally applies, treating them similarly to adults for filing purposes.

Mississippi law recognizes that a toddler or infant cannot speak up for themselves or understand that a doctor made a mistake. To protect these vulnerable victims, the state extends the deadline. Specifically, Miss. Code Ann. § 15-1-36(3) states that for children under six, the “disability of infancy” is removed when they turn six. Therefore, the two-year clock starts ticking on their sixth birthday, giving them until they turn eight to file suit.

This exception is vital for birth injury cases (such as Cerebral Palsy or Erb’s Palsy) occurring at local facilities like Merit Health Biloxi or Garden Park, where the full extent of a child’s cognitive or physical deficits might not be fully apparent until they start school.

Crucial Distinctions for Minors:

The statute of limitations for medical malpractice claims in Mississippi has special rules for minors:

Children Under 6: The deadline is typically extended until the child’s 8th birthday, giving families more time to discover and act on a potential claim.
Children 6 and Older: For minors who were 6 years of age or older when the medical error occurred, the standard 2-year statute of limitations generally applies immediately, just as it would for an adult.
Loss of Parents: In the rare and specific circumstance where a minor has no parent or legal guardian at the time the claim accrues, the deadline for filing the minor’s personal injury claim may be further extended by law.
Parents’ Claims: Importantly, the extension of the statute of limitations for the child’s personal injury claim (for their pain and suffering) does not apply to the parents’ separate claim. Parents must still sue to recover medical bills or other financial losses paid on behalf of the child within the standard two-year window, even if the child has a longer period to pursue their own separate claim.

What Is the Statute of Repose in Mississippi Medical Malpractice Cases?

The Statute of Repose is a hard deadline of seven years from the date of the medical error, after which no lawsuit can be filed, even if you just discovered the injury. Unlike the statute of limitations, which can be paused (tolled) for discovery, the statute of repose is an absolute barrier designed to protect medical providers from indefinite liability.

This “seven-year shutoff” applies regardless of how hidden the injury was. For example, if a misread pathology report at a clinic in Ocean Springs leads to a cancer diagnosis eight years later, you would likely be barred from suing for the original error because the statute of repose has expired. This rule can lead to harsh outcomes, which is why immediate investigation is so important.

There are only two very narrow exceptions to this seven-year rule in Mississippi:

Foreign Object Cases: If a foreign object (like a clamp, sponge, or surgical instrument) was left inside your body, the statute of repose does not apply. The logic is that there is no valid medical reason for a tool to be left behind, and it is indisputable proof of negligence.
Fraudulent Concealment: If the doctor or hospital actively lied or altered records to hide their mistake, and you can prove this affirmative fraud, the seven-year limit may be lifted.

Summary of the 7-Year Rule:

Absolute Bar: It closes the window completely 7 years after the act.
Discovery Irrelevant: It does not matter if you didn’t know about the injury yet.
Foreign Object Exception: Does not apply if surgical tools were left in the body.
Fraud Exception: Does not apply if the doctor actively concealed the error (requires high proof).

The Critical 60-Day Pre-Suit Notice Requirement

In Mississippi, you cannot simply walk into the Harrison County Circuit Court and file a medical malpractice lawsuit today. The law requires a strict procedural step known as the “Pre-Suit Notice.”

Under Mississippi law, you must provide written notice to every healthcare provider you intend to sue at least 60 days before filing the lawsuit. This notice must inform the doctor or hospital of the legal basis for your claim and the specific injuries you suffered.

Why This Matters for Your Deadline

If you wait until the day before the two-year statute of limitations expires to contact an attorney, you may be in trouble. While serving this notice does “toll” (pause) the statute of limitations for 60 days to allow for the notice period, handling this calculation incorrectly can be fatal to your case.

Furthermore, your attorney is required to consult with a qualified medical expert before filing suit to certify that there is a “reasonable basis” for the claim. This process takes time. We must obtain medical records from providers like Ochsner or Select Specialty Hospital, have them reviewed by an independent specialist, and draft the notice. Waiting until the last minute puts this entire process at risk.

Immediate Steps to Protect Your Claim

If you suspect you or a loved one has been a victim of medical negligence, the “wait and see” approach is the most dangerous strategy you can take. Evidence disappears, memories fade, and the strict timelines of Mississippi law never stop moving.

Secure Your Records: Do not rely on the patient portal alone. Request a full, certified copy of your medical records immediately, including all physician notes, test results, and correspondence. This documentation is the foundation of your claim.
Document the Timeline: Write down exactly when the procedure happened, when you noticed symptoms, and what conversations you had with your providers. Detail the names of everyone involved and the date and time of each interaction.
Do Not Sign Waivers: Hospital risk managers or insurance representatives may approach you with settlement offers or waivers soon after an error. Do not sign anything without consulting and retaining legal counsel, as you could be signing away your right to full and fair compensation.
Consult a Local Attorney: You need a firm that specializes in medical malpractice and can move immediately to certify your claim with an expert witness and issue the required 60-day Notice of Intent to Sue, which is a mandatory procedural step in Mississippi.

We Are Here to Help You Navigate the Timeline

Medical malpractice claims are among the most technically difficult cases to prove in Mississippi. The combination of the two-year statute of limitations, the seven-year statute of repose, and the mandatory expert certification creates a minefield for the unprepared. At Reeves & Mestayer, we have spent decades standing up for patients across the Gulf Coast, from Waveland to Moss Point. We know how to calculate these deadlines accurately, how to secure the necessary expert reviews, and how to fight for the compensation you need for long-term recovery.

Do not let a procedural deadline bar you from justice. Call us today at 228-374-5151 to review your timeline and your options.