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

| Jun 28, 2021 | Firm News |

If you have a reason to file a medical malpractice suit in Mississippi, you need to be aware of the specific filing deadlines of your case. 

Different types of lawsuits have unique deadlines and limitations. If you fail to meet the required timeframes, you may not be able to seek compensation for your injuries. Knowing the laws of your state helps you protect your rights. 

Statute of limitations for medical malpractice cases

In Mississippi, you must file malpractice claims within two years of the incident. If you discover the issue later, the court may start the two-year timeframe from the date you identified the error in your care. The state does not allow medical malpractice lawsuits after seven years, regardless of the discovery date. 

Deadlines for specific malpractice circumstances

There are some exceptions to the filing deadline in Mississippi. When a medical error leads to death, the victim’s family has three years from the date of death to file a lawsuit. If the malpractice case is for a minor under six years old, you must make a legal claim within the two years following the child’s sixth birthday. 

The purpose of filing deadlines

Bringing a medical malpractice case against your health care provider is a complex legal process. The courts need to see sufficient and well-documented evidence that proves the injury claim. It is not easy to get credible proof if you wait a long time to file. 

Gathering medical evidence and complying with procedural rules helps you improve your chances of receiving compensation for your injuries. Missing a deadline may leave you without any legal recourse.