Mississippi Medical Malpractice Lawyers

With Personal Injury Law Offices in Oxford and Tupelo

We put our trust in doctors, nurses, and medical professionals to take care of us. When they do us harm, it can be traumatic. If you have been a victim of medical malpractice, we want you to know that you deserve justice. Our Mississippi medical malpractice lawyers are here to help you get the compensation you deserve. By holding the people who harmed you responsible, you might stop this from happening to someone else. Please give us a call today to set up a free consultation.

How to Determine If You Are Eligible for a Claim

Ask yourself these three rudimentary questions:

• Was I hurt by a medical professional acting negligently
• Have I suffered serious injuries?
• Have fewer than two years passed since I discovered the negligence?

What is the Statute of Limitations?

The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of medical malpractice, it dictates how long a patient has to file a lawsuit against a healthcare provider after an alleged act of negligence. The rationale behind this law is to ensure cases are brought forward in a timely manner, preserving the integrity of evidence and the availability of witnesses. However, this time frame can vary depending on several factors, including the nature of the injury and the specifics of the case.

The General Rule in Mississippi

In Mississippi, the general statute of limitations for medical malpractice claims is two years. This period begins to run from the date the alleged malpractice occurred. For instance, if a surgical error occurred on January 1, 2022, the patient would typically have until January 1, 2024, to file a lawsuit. This two-year window is designed to encourage prompt action and ensure that claims are made while evidence is still fresh and available.

The Discovery Rule

One significant exception to the general two-year rule is the discovery rule. This rule applies when the injury or malpractice is not immediately apparent to the patient. In such cases, the statute of limitations begins to run from the date the injury was, or reasonably should have been, discovered. For example, if a patient discovers a foreign object left inside their body from a surgery several months or even years later, the two-year period would start from the date of discovery, not the date of the surgery.

The Statute of Repose

In addition to the discovery rule, Mississippi law also includes a statute of repose for medical malpractice claims. The statute of repose sets an absolute deadline for filing a lawsuit, regardless of when the injury was discovered. In Mississippi, this period is seven years from the date of the alleged malpractice. This means that even if the injury is discovered after six years, the patient would only have one year to file a claim. The statute of repose acts as a final cutoff, providing a clear end to potential liability for healthcare providers.

Minor Patients and the Statute of Limitations

Special considerations are given to minors in medical malpractice cases. For patients under the age of six, the statute of limitations does not begin until their sixth birthday. Therefore, a child injured by medical malpractice at age three would have until their eighth birthday to file a lawsuit. For minors over the age of six, the standard two-year statute of limitations applies. These provisions ensure that young patients have adequate time to recognize and act on potential claims.

Tolling of the Statute of Limitations

Tolling refers to the legal suspension or delay of the statute of limitations under specific circumstances. In Mississippi, the statute of limitations can be tolled in cases of fraud, concealment, or misrepresentation by the healthcare provider. If a provider deliberately hides their negligence, the statute of limitations may be paused until the patient discovers the malpractice. This tolling provision is crucial in preventing providers from escaping liability through deceitful practices.

Basics of a Medical Malpractice Claim

When you are in the aftermath of an injury, it’s hard to know if you have enough to bring a claim for medical malpractice. Recovery is important. We suggest you go to get the treatment you need. We know it may be hard to trust another doctor after you were harmed, but you need to get better from the malpractice you endured. To better understand if you are entitled to a claim, you need to understand how a claim works. There are typically four parties involved in medical malpractice. They include:

1. You, the plaintiff who was harmed
2. The liable party, either an individual or entity
3. The insurance company that reps the liable party
4. Your Mississippi medical malpractice lawyers

When you bring a claim, you are in essence saying that the liable party caused your injuries. Because they caused your injuries, you are asking their insurance company to cover your damages. Damages that are included in a medical malpractice claim are:

• Economic
  • Lost earnings from missed time at work
  • Medical bills
  • Rehab
  • Injury related expenses
• Non-economic
  • Pain and suffering
  • Emotional damages
  • Loss of enjoyment of life

As you can imagine, non-economic damages are hard to calculate. They are very subjective. It will take some time to determine the value of your claim. There’s no way you will know right away what a claim is worth. If a Mississippi medical malpractice lawyer tells you at the first consultation that they can get you X amount of dollars, run away. That’s just not how it works.

The Cap on What You Can Collect in Medical Malpractice Damages

Mississippi state laws say that there are caps on your non-economic damages for your medical malpractice. This is likely because these damages are so subjective that you could ask for really any amount, if you argued it well enough. You are, however, limited by law as to what you can be awarded for non-economic damages, such as mental anguish. The cap is set at $500,000 for your non-economic damages. This doesn’t include your economic damages, such as lost wages. If you theoretically made $200,000 a year and your injuries were bad enough to put you out of work for several years, it wouldn’t be right to put a cap on those economic damages. Because you can’t put a price tag on your mental health or suffering, non-economic damages in Mississippi have been capped. It’s a very important distinction to be made between non-economic and economic damages. Our Mississippi medical malpractice lawyers will fight like you are family to get the justice you deserve. We won’t settle for a result that isn’t fair or full. 

Understanding Medical Malpractice: Identifying Liability in Mississippi

Healthcare Providers

At the forefront of medical malpractice cases are healthcare providers, including doctors, surgeons, and specialists. These professionals are entrusted with the health and well-being of their patients. When they fail to meet the accepted standards of medical care, they can be held liable for any resulting harm.  In Mississippi, doctors can be sued for various forms of negligence, such as misdiagnosis, failure to diagnose, improper treatment, surgical errors, and prescription mistakes. Surgeons, in particular, face high scrutiny due to the invasive nature of their work. Errors during surgery can lead to catastrophic outcomes, making them prime targets for malpractice claims. Additionally, specialists, such as cardiologists, oncologists, and neurologists, have an added layer of responsibility due to their focused experience.  When specialists fail to provide the standard of care expected within their field, they can be held accountable for any adverse effects on their patients’ health.

Nurses and Other Medical Staff

While doctors and specialists often bear the brunt of medical malpractice claims, nurses and other medical staff are not exempt from liability. Nurses play a critical role in patient care, administering medication, monitoring vital signs, and providing essential support to doctors and patients alike. When nurses make errors, such as administering the wrong medication or failing to monitor a patient’s condition adequately, they can be held liable for medical malpractice.  Additionally, other medical staff — including anesthesiologists, radiologists, and lab technicians — can also be implicated in malpractice cases. Anesthesiologists, for instance, are responsible for administering anesthesia and monitoring patients during surgical procedures. Mistakes in this area can lead to severe complications or death. Radiologists and lab technicians, who are tasked with interpreting diagnostic tests and lab results, can also be held liable if their errors lead to a misdiagnosis or delayed treatment.

Pharmaceutical Companies

In some cases, pharmaceutical companies can also be held liable for medical malpractice. These companies have a duty to ensure that their products are safe and that they provide adequate warnings about potential side effects. When pharmaceutical companies fail to meet these obligations, they can be sued for any harm that results from the use of their products. This liability can arise from manufacturing defects, design defects, or failure to warn consumers about the risks associated with their medications. In Mississippi, patients who suffer harm from defective drugs or inadequate warnings can file a lawsuit against the pharmaceutical company to seek compensation for their injuries.

The Role of Informed Consent

A crucial aspect of medical malpractice is the concept of informed consent. Informed consent is the process by which a patient is made aware of the potential risks, benefits, and alternatives of a proposed treatment or procedure. It is the responsibility of the healthcare provider to ensure that the patient understands this information and consents to the treatment. Failure to obtain informed consent can be grounds for a medical malpractice claim. In Mississippi, the lack of informed consent is a significant factor in many malpractice cases. Patients who undergo procedures without being fully informed of the risks involved may suffer unforeseen complications, leading to grounds for legal action against the healthcare provider.

Defining Hospital Liability in Mississippi

Hospital liability arises when a hospital is legally responsible for the negligent actions of its employees or for its own negligent practices. In Mississippi, hospitals can be held accountable under two main theories: vicarious liability and direct liability. Vicarious liability, also known as respondeat superior, occurs when a hospital is held responsible for the actions of its employees. If a doctor or nurse employed by the hospital acts negligently, causing harm to a patient, the hospital can be held liable. Direct liability, on the other hand, involves situations where the hospital itself has engaged in negligent practices, such as failing to maintain a safe environment, inadequate staffing, or negligent hiring practices.

Vicarious Liability and Its Implications

Vicarious liability is a foundational principle in medical malpractice cases involving hospitals. Under this doctrine, hospitals can be held liable for the negligent actions of their employees while they are performing their job duties. This includes doctors, nurses, technicians, and other healthcare providers. For instance, if a nurse administers the wrong medication or a doctor performs surgery on the wrong body part, the hospital can be held accountable for the resulting harm to the patient. The rationale behind vicarious liability is that hospitals, as employers, have control over their employees and should be responsible for ensuring they provide competent care.

Direct Liability and Hospital Negligence

Direct liability involves situations where the hospital itself is negligent, regardless of the actions of its individual employees. This can occur in various ways, such as inadequate staffing levels that compromise patient care, failing to properly maintain medical equipment, or not following proper infection control procedures. For example, if a hospital does not adequately staff its emergency department, leading to delays in treatment and harm to a patient, the hospital can be held directly liable. In such cases, the focus is on the hospital’s policies, procedures, and overall management practices that contributed to the patient’s injury.

Common Scenarios of Hospital Liability

There are several common scenarios in which hospitals in Mississippi may be held liable for medical malpractice. One such scenario is surgical errors, where mistakes during surgery can have devastating consequences for patients. If a surgeon employed by the hospital performs a procedure incorrectly, resulting in harm, the hospital can be held liable under vicarious liability. Another scenario involves medication errors, such as administering the wrong dosage or type of medication. If hospital staff, such as nurses or pharmacists, are responsible for the error, the hospital can be held accountable. Additionally, hospital-acquired infections are a significant concern. If a patient contracts an infection due to unsanitary conditions or improper infection control practices, the hospital can be held liable for the resulting harm.

Proving Hospital Liability in Mississippi

Proving hospital liability in medical malpractice cases requires a thorough understanding of the legal standards and the ability to demonstrate that the hospital’s negligence directly caused the patient’s harm. In Mississippi, patients must establish four key elements to succeed in a medical malpractice claim: duty, breach, causation, and damages. Duty refers to the obligation of the hospital and its staff to provide a certain standard of care to patients. Breach involves showing that the hospital or its employees failed to meet this standard. Causation requires demonstrating that the hospital’s breach of duty directly caused the patient’s injury. Finally, damages refer to the harm suffered by the patient, which can include physical pain, emotional distress, and financial losses.

The Role of Medical Records and Documentation

Medical records and documentation play a crucial role in establishing hospital liability in medical malpractice cases. These records provide a detailed account of the patient’s medical history, treatments received, and interactions with healthcare providers. They can help demonstrate whether the hospital and its staff followed appropriate protocols and standards of care. In Mississippi, it is essential to obtain and review all relevant medical records to build a strong case. This includes records from the hospital, as well as any other healthcare providers involved in the patient’s care. Accurate and thorough documentation can be a powerful tool in proving negligence and holding the hospital accountable.

Challenges in Hospital Liability Cases

Hospital liability cases can be challenging for several reasons. Hospitals often have significant resources and legal teams dedicated to defending against malpractice claims. They may argue that their employees acted within the standard of care or that the patient’s injury was not caused by their negligence. Additionally, determining the exact cause of a patient’s harm can be complex, especially in cases involving multiple healthcare providers or pre-existing medical conditions. Patients pursuing hospital liability claims must be prepared to face these challenges and present compelling evidence to support their case.

Defining Dental Malpractice

Dental malpractice encompasses a broad spectrum of issues arising from the negligence or misconduct of dental professionals. From misdiagnoses to surgical errors and failure to obtain informed consent, dental malpractice cases require a keen understanding of both legal and medical intricacies. The team at Brad Morris Law Firm, PLLC, possesses the experience necessary to navigate this complex terrain and secure the compensation you deserve.

Navigating the Complexity of Dental Malpractice Cases

Dental malpractice cases can be intricate, often involving detailed medical records, testimonies, and a thorough understanding of dental procedures. Brad Morris Law Firm, PLLC, excels in managing the complexity of these cases. Their experienced legal team collaborates with medical professionals to build a compelling case, leaving no stone unturned in the pursuit of justice.

Medical Malpractice in Birth Injuries

Medical malpractice occurs when a healthcare professional fails to provide the standard of care expected in their field, resulting in harm to the patient. In the context of childbirth, medical malpractice may involve errors made by obstetricians, nurses, or other healthcare providers. Some common instances of medical malpractice leading to birth injuries include:

• Failure to Monitor

Adequate monitoring of both the mother and the baby during labor and delivery is crucial. Failure to do so may result in delays in detecting and addressing potential complications.

• Delayed C-Sections

In certain situations, a timely cesarean section (C-section) is necessary to prevent harm to the baby. A delay in performing a C-section can lead to serious birth injuries, such as oxygen deprivation and brain damage.

• Medication Errors

Incorrect administration of medications, including anesthesia, during labor and delivery can have severe consequences for both the mother and the baby.

• Improper Use of Assisted Delivery Tools

Forceps and vacuum extractors are tools that can be used to assist in the delivery process. However, improper use of these tools can cause injuries to the baby, including nerve damage and fractures.

Call Our Mississippi Medical Malpractice Lawyers Today

Being a victim of medical malpractice can make life feel hard. It’s miserable to be injured. We know that. We can help! When you hire our Mississippi medical malpractice lawyers, you are getting someone who cares about your story. You are getting a caring lawyer who wants to win justice for someone who has been seriously wronged. Call today to set up your first free consultation. Follow us on Facebook