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★ Mississippi · medical negligence

Medical negligence settlements
in Mississippi.

By 9 min read

Mississippi caps noneconomic damages in malpractice cases at $500,000, but only for suits filed on or after 1 September 2004. In 2021 the Supreme Court restored a $2.5 million noneconomic award in a baby’s death because the case had been filed before that date.

Facts that decide a medical negligence claim in Mississippi

Malpractice capNoneconomic damages in medical malpractice cases are limited to $500,000 for actions filed on or after 1 September 2004; cases filed earlier are governed by the older law.Miss. Code § 11-1-60(2)(a), as applied in Weber v. Estate of Hill (Miss. 2021)
Fault rulePure comparative fault: contributory negligence “shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured.”Miss. Code § 11-7-15, as quoted in Howarth v. M & H Ventures (Miss. 2017)
Deadline to sueThree years under the catch all statute of limitations, which governs most personal injury claims.Miss. Code § 15-1-49, as applied in Clearman v. Pipestone Property Services (Miss. Ct. App. 2023)
★ band · US federal frame
$30,000 to statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

The US band is the starting point. Mississippi's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your medical negligence claim in Mississippi. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case
★ MS · reported medical negligence outcomes

What Mississippi courts have awarded.

Real Mississippi decisions and verdicts, each linked to the court record or official report.

  • Weber v. Estate of Hill
    Supreme Court of Mississippi · 2021
    $4,000,000 verdict; noneconomic award restored

    Erica Shae Hill’s pregnancy in 2001 was managed by an obstetric group in Laurel, and her baby, Cameron Chase Hill, died. A Jones County jury returned a $4 million verdict, and the trial court cut the noneconomic portion from $2,538,322 to $500,000. The Supreme Court upheld the verdict against the doctors and held the cut was wrong because the case was filed before the current cap took effect on 1 September 2004.

  • Griffin v. North Mississippi Medical Center
    Mississippi Court of Appeals · 2011
    Directed verdict for hospital affirmed

    Gracie Stephens, a 61 year old diabetic on dialysis, had a catheter placed in her jugular vein; the surgeon accidentally punctured her carotid artery and stitched it. In recovery her blood pressure and volume fell steadily, consistent with internal bleeding, and she died. Her daughter sued the hospital over the recovery nurse, but the court directed a verdict for the hospital and the Court of Appeals affirmed.

★ MS · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Mississippi.

  1. 1

    Check the filing date. The $500,000 cap applies to suits filed on or after 1 September 2004.

  2. 2

    Economic damages are not limited by the malpractice cap.

  3. 3

    Claims against a hospital for nursing care need proof the nurse’s conduct caused the harm, as Griffin shows.

★ MS · statute of limitations
3 years from date of injury

Miss. Code Ann. § 15-1-49

★ MS · fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ MS · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Mississippi.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Mississippi's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Mississippi · you are herePure comparative negligence3 years from date of injury—
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · medical negligence →
TexasModified comparative, 51% bar2 years from date of injuryTX · medical negligence →
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · medical negligence →
New MexicoPure comparative negligence3 years from date of injuryNM · medical negligence →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · medical negligence →
Rhode IslandPure comparative negligence3 years from date of injuryRI · medical negligence →
MontanaModified comparative, 51% bar3 years from date of injuryMT · medical negligence →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · medical negligence →
★ MS · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of MS
Mississippi overview

Fault rule, statute, caps, and key facts for Mississippi as a whole.

★ federal frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Mississippi's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Mississippi. See /methodology, /sources, and /disclaimer.