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Statute of Limitations

Action must be brought within two years after the alleged act, omission, or neglect is discovered or with reasonable diligence might have been discovered

Comparative or contributory negligence

Pure comparative negligence

Nature of accused's liability

joint and several liability on joint tortfeasors only to the extent necessary for the claimant to recover 50 percent of his damages. Otherwise liability is several only, except when the tortfeasors act in accordance with a common plan

Law of contribution

Joint tortfeasors are afforded a right to contribution, with the amount of each tortfeasor's liability in contribution determined by the tortfeasors' relative degrees of fault

Expert testimony standards

expert medical testimony is necessary to prove medical negligence, unless "a layman can observe and understand the negligence as a matter of common sense and practical experience."

Limits on compensation

none

Limits on attorney fees

none

Collateral Source rule enforced

Mississippi follows the collateral source rule. A defendant tortfeasor is not entitled to have damages reduced by reason of amounts that plaintiff receives from independent sources

State and local health care providers immune from liabaility

Any claim for damages for the acts or omissions of a governmental entity or its employees must be brought pursuant to the Mississippi Tort Claim Act

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability