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What Is the Statute of Limitations for Medical Malpractice in Mississippi?

In Mississippi, the statute of limitations for medical malpractice is generally 2 years under Miss. Code § 15-1-36.

2 YEARS
Medical Malpractice · Mississippi
2 Years (7-yr cap)
✓ Verified Checked Sep 2026

Medical malpractice Deadlines in Mississippi

How long do you have to file a medical malpractice claim in Mississippi?

In Mississippi, the statute of limitations for medical malpractice is generally 2 years under Miss. Code § 15-1-36. The full rule is: 2 Years (7-yr cap).

When does the clock start for medical malpractice in Mississippi?

Two years from accrual or discovery, capped at no more than seven years from the date of the act or omission.

Can the Mississippi deadline for medical malpractice be extended?

A 60-day written pre-suit notice to the provider is required. For minors the claim is capped at the later of the 21st birthday or seven years from the act — whichever comes FIRST — which diverges materially from the general minority tolling to age 21. Repoint the URL.

Is the deadline different if the claim is against the government in Mississippi?

Often, yes. One year under the Tort Claims Act under Miss. Code § 11-46-11. The Mississippi Tort Claims Act imposes a one-year limitations period in § 11-46-11 that is significantly shorter than the three-year catch-all, and Mississippi courts have held the MTCA period controls — the general savings provisions in ch. 15-1 do not apply…

How does Mississippi compare to other states for medical malpractice?

Mississippi's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →

What Does Medical Malpractice Cover?

Situations that typically fall under the medical malpractice deadline in Mississippi:

01 Surgical errors and wrong-site surgery
02 Misdiagnosis or delayed diagnosis
03 Medication errors and dosage mistakes
04 Birth injuries to mother or child
05 Anesthesia errors
06 Hospital-acquired infections from negligence
07 Failure to monitor or treat properly
08 Premature discharge causing harm
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Other Filing Deadlines in Mississippi

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed Mississippi attorney can tell you the deadline that applies to your situation.
See every filing deadline in Mississippi, or compare medical malpractice across all states.
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