Mississippi — Medical Malpractice SOL
2 years
Governing statute: §15-1-36
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- recognized, max 7yr.
- Statute of repose
- 7-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- under 6: until age 8
- Government-entity notice of claim
- 90-day notice required before suing a government entity.
- Statutory reference
- §15-1-36
Common pitfalls in Mississippi
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Mississippi pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "recognized, max 7yr" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 6: until age 8") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (7yr).
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