Mississippi Nursing Home Laws

Mississippi Nursing Home Law | Nursing Home Abuse in MS

Nursing Home Negligence or Abuse

Statute of Limitations Miss. Stat. Ann. §15-1-49

  • Three years from when the injury was discovered, or reasonably should have been discovered.

Damages Cap

  • Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
  • Punitive damages cap is based on defendant's net worth. If defendant's net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65

Medical Malpractice

Statute of Limitations Miss. Code Ann. §15-1-36

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • For injuries that result in mental disability, case must be filed within two years of injured individual's death or removal of their disability, whichever is earlier.
  • The defendant must be given 60 days written notice of intent to sue.

Damages Cap

  • Non-economic damages cap is $500,000. Miss. Code Ann. §11-1-60
  • Punitive damages cap is based on defendant's net worth. If defendant's net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drug. Miss. Code Ann. §11-1-65

Wrongful Death

Statute of Limitations Miss. Code Ann. §15-1-36

  • Three years. One year if death is caused by intentional act.

Damages Cap

  • Non-economic damages cap is $1 million for civil actions. Miss. Code Ann. §11-1-60
  • Punitive damages cap is based on defendant's net worth. If defendant's net worth is $50 million or less, punitive damages are limited to 2% of their net worth. These limitations do not apply if the defendant was committing a felony of acting under the influence of alcohol or illegal drugs. Miss. Code Ann. §11-1-65

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.