Whether you are sick, injured, undergoing surgery, or delivering a baby, you place your life, health, and well-being in the hands of medical professionals. Unfortunately, health care professionals can make mistakes which could cause serious problems and complications. Mississippi’s medical malpractice laws are very complex and establishing a claim for damages can be challenging. Having a seasoned personal injury attorney who understands the intricacies of the legal system and, more specifically, medical malpractice issues, could be crucial to a successful outcome.
If you or a loved one have been severely injured due to a negligent health care provider you may be entitled to recover compensation for your injuries, pain and suffering, medical costs, and more. Consulting with a Jackson County medical malpractice lawyer as soon as possible could be the most important step you take when it comes to seeking monetary damages.
Mississippi Code § 15-1-36 permits injured patients to initiate a medical malpractice civil action against medical professionals including licensed physicians, osteopaths, dentists, hospitals, institutions for the aged or infirm, nurses, pharmacists, podiatrists, optometrists, or chiropractors. In the State of Mississippi, individuals have two years from the date of their injury or the date they should have discovered the harm to file a lawsuit. In instances where a child under the age of six was harmed, a parent or legal guardian may file an action anytime before the child’s eighth birthday.
With the exception of cases involving either fraudulent concealment or where a foreign object was left in a patient during a procedure, no medical malpractice actions may be initiated more than seven years after the date the alleged injury, omission, or neglect occurred.
In light of these strict time limits, speaking with a diligent Jackson County medical malpractice attorney as soon as possible could help preserve an injured party’s right to take legal action.
Liability in medical malpractice actions is determined according to a standard of negligence. Plaintiffs must establish that their injuries were caused by a health care professional’s failure to exercise the degree of skill and care that a reasonably prudent individual with the same professional credentials in Mississippi would have employed under similar circumstances.
In some cases, an injured plaintiff may be partly at fault. For example, if the injured claimant took more than the recommended dose of a medication or provided misleading information, they could be held partially liable for their injuries. Even if the plaintiff is 99 percent at fault, they will still be able to recover compensation. Since Mississippi follows the pure comparative fault rule, the plaintiff’s compensation award will be reduced by their proportion of liability.
Successful plaintiffs are awarded compensatory damages, which are meant to compensate for them for their injuries and associated costs. Economic compensatory damages are objective out-of-pocket expenses which could include costs of medical bills, pharmaceutical costs, physical and mental therapy expenses, and lost wages.
Non-economic damages are not easily quantified. Non-economic damages may include pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium. For medical malpractice cases, these damages are capped at $500,000 under Miss. Code § 11-1-60.
Punitive damages are designed to punish a defendant and may be awarded in very limited cases where the plaintiff’s experienced attorney establishes clear and convincing evidence that a defendant committed fraud, acted with actual malice, or committed gross negligence.
Suffering severe injuries due to a health care provider can be extremely overwhelming. The physical and emotional hardships, as well as the financial burden, could devastate you and your family. A skilled lawyer could help you navigate the legal process and work tirelessly to help ensure that you are appropriately compensated for your injuries.
Call today to speak with a Jackson County medical malpractice lawyer to discuss the most effective way to proceed with your case.