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Medical Negligence



medical negligence

In any profession, negligence can lead to unintended and potentially dangerous consequences. Particularly, in the medical profession, the consequences of negligence can be fatal. Data shows that medical errors account for more than 250,000 deaths in the US every year. Some studies indicate that the actual number could be as high as 440,000. It’s a staggeringly high price to pay for the negligence of medical professionals.

Boyce Holleman and Associates have been defending the rights of medical malpractice victims on the Mississippi Gulf Coast for over 60 years!

Medical negligence can change lives forever. A single mistake by a doctor or nurse can cause injury or even death. When situations that could have been prevented happen, victims and families have a right to be compensated for pain and suffering, accumulating medical bills, lost wages from missing work, and even funeral costs. Hospitals, medical facilities, and physicians often retain intimidating legal teams making things even more difficult for a pain-stricken patient and grieving family.

As successful trial lawyers in Gulf Port, we have a deep understanding of how their opposition works. We can utilize our extensive knowledge and experience to assist you in getting the fair compensation you need to move on with your life.

What Constitutes Medical Malpractice under Mississippi Law?

Medical malpractice occurs when a healthcare provider causes an injury to a patient due to their negligence. A healthcare provider’s actions or their failure to take appropriate action can be considered medical malpractice only if the following conditions are met.

  • The health care provider violated their duty to provide the level of care that any other competent health care provider would have provided under similar circumstances.
  • The health care provider’s deviation from the accepted standard of care caused your injury.
  • You suffered compensable damages as a result of the injury caused by the health care provider.

Common Types of Medical Negligence in Mississippi

The most common examples of medical malpractice include:

  • Misdiagnosis, delayed diagnosis, or failure to diagnose an illness or condition.
  • Surgical errors (performing surgery on the wrong organ or body part, performing surgery on the wrong patient, damaging nerves or healthy organs during surgery, performing the wrong procedure, leaving surgical equipment or other items inside the patient, and more).
  • Medication errors (prescribing or administering the wrong drug or prescribing or administering the wrong dosage).
  • Anesthesia errors (administering the wrong anesthetic, administering the wrong dose, injuring nerves while administering anesthesia, keeping the patient under anesthesia for too long, and more).
  • Childbirth injuries (causing injury to the mother or the child due to substandard care).
  • Failing to get the patient’s consent before treating them.
  • Failing to provide the appropriate instructions or providing the wrong instructions to the patient.

Who Can Be Sued for Medical Malpractice?

Physicians, physician’s assistants, nurses, anesthesiologists, pharmacists, and other healthcare professionals can be sued for medical negligence or malpractice depending on the circumstances. Apart from this, hospitals and other healthcare facilities can be held directly liable for their negligence or held vicariously liable for the negligence of their employees.

For example, if a hospital fails to check the credentials of its medical staff and allows an unqualified or unlicensed physician to treat patients, it can be held directly liable for the resulting injuries.

In some cases, a hospital can be held liable for the negligent actions of their employees under the legal doctrine of respondeat superior.

Pre-Suit Notice and Consultation Requirements for Medical Malpractice Claims in Mississippi

Under Mississippi law, you are required to give written notice to the medical professional or institution and inform them that you intend to sue them for medical malpractice. The notice must specify the nature and extent of your injuries and the legal basis for your claim. The notice must be served at least 60 days before you file the claim.

The law also requires you to consult with a medical expert and obtain a ‘certificate of consultation’, which you need to attach with your claim. The expert you consult with must be a qualified medical professional and must be knowledgeable enough to give their opinion on the standard of medical care applicable to your claim.

The certificate of consultation must contain the following information.

  • Your claim has been reviewed by your attorney and a qualified medical expert.
  • Your attorney believes that the expert is qualified and knowledgeable enough to give their opinion on your injury and the standard of care applicable to your claim.
  • Your attorney and the medical expert believe that there is a reasonable basis for filing the claim.

These pre-suit requirements are in place to make sure patients do not file frivolous lawsuits and waste physicians’ time and burden the court.

Deadline for Filing a Medical Malpractice Claim in Mississippi

The statute of limitations for filing a medical malpractice claim in Mississippi is set at two years – starting from the date on which the medical professional committed the alleged malpractice.

If the malpractice was not known immediately, the deadline for filing the claim starts from the date on which you found out about it. It’s commonly known as the discovery rule. The discovery rule is in place because, in many cases of medical negligence or malpractice, the symptoms or effects might not show up immediately.

At the same time, the discovery rule cannot be used to extend the deadline indefinitely. You are required to file the claim within seven years – starting from the date on which the incident occurred. If you fail to file the claim within seven years, you will permanently lose your right to sue the medical professional or institution in question.

There are only two exceptions to the seven-year rule. If the medical professional left a foreign object inside your body or if they concealed their malpractice through fraudulent means, the deadline for filing the claim starts only from the time you find out about it.

Caps on Medical Malpractice Damages in Mississippi

Under Mississippi law, there is no cap on the amount of economic or tangible damages you can recover in a medical malpractice claim. These include your medical expenses, rehabilitation expenses, lost earnings, and loss of earning capacity.

On the other hand, the amount of non-economic or intangible damages you can recover in a medical malpractice claim is capped at $500,000. These include pain and suffering, mental anguish, loss of consortium, and loss of enjoyment of life.

Let Our Experienced Mississippi Medical Malpractice Attorneys Help You Get the Compensation You Deserve

If you have been injured as a result of a medical professional’s negligence, you might be entitled to monetary damages. At Boyce Holleman, we have extensive experience in handling medical malpractice claims and have helped numerous people get the compensation they deserve over the years.

Our attorneys bring a wealth of legal knowledge, more than 70 years of experience, and exceptional negotiation skills to the table and can get you the restitution you deserve. Call us today at 228-863-3142 or get in touch with us online to schedule a free and confidential consultation with one of our attorneys.