Mississippi · Medical Malpractice
Mississippi medical malpractice damage caps and statute of limitations
Refreshed 2026. $500,000 damage cap. 2 years from act or omission. Full breakdown below.
Damage caps
MS Code Ann. § 11-1-60Non-economic damages cap
$500,000
Total damages cap
None
Status
active
Notes
Fixed cap, not adjusted for inflation. Applies to all medical malpractice claims.
Statute of limitations
MS Code Ann. § 15-1-36Standard SOL
2 years from act or omission
Discovery rule
Yes; runs from when injury was or should have been discovered
Statute of repose
7 years from act or omission
Minor exception
Tolled during minority; SOL begins at age 21 (MS age of majority for SOL purposes)
Wrongful death SOL
2 years from date of death
Notes
Mississippi's age for SOL tolling purposes is 21, not 18.
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Mississippi med-mal FAQ
What is the medical malpractice statute of limitations in Mississippi?+
2 years from act or omission. Yes; runs from when injury was or should have been discovered Statute of repose: 7 years from act or omission. Wrongful death: 2 years from date of death. Mississippi's age for SOL tolling purposes is 21, not 18. Source: MS Code Ann. § 15-1-36.
Does Mississippi have a medical malpractice damage cap?+
Non-economic cap: $500,000. Fixed cap, not adjusted for inflation. Applies to all medical malpractice claims. Source: MS Code Ann. § 11-1-60.
How does Mississippi handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered
What is the Mississippi minor exception for medical malpractice?+
Tolled during minority; SOL begins at age 21 (MS age of majority for SOL purposes)
What is the wrongful death statute of limitations for Mississippi medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Mississippi damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Mississippi attorney before relying on a deadline. Data refreshed May 2026.