Medical Malpractice Statute of Limitations in Mississippi
Last verified 2026-07 · Source: Miss. Code § 15-1-36 ✓ verified · 3 sources
The deadline
2 years
from the date the alleged act, omission or neglect was or with reasonable diligence should have been first known or discovered, under Miss. Code § 15-1-36.
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Mississippi law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is Miss. Code § 15-1-36, and the clock generally starts on the date the alleged act, omission or neglect was or with reasonable diligence should have been first known or discovered. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Mississippi Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Miss. Code § 15-1-36 |
| Car Accident | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Credit Card Debt | 3 yrs | Miss. Code Ann. § 15-1-29 |
| Wrongful Death | 3 yrs | Miss. Code Ann. § 11-7-13; § 11-1-60 |
| Personal Injury | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Dog Bite | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Slip and Fall | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Defamation | 1 yr | Miss. Code Ann. § 15-1-35 |
| Breach of Contract | 3 yrs | Miss. Code Ann. § 15-1-49 |
| Medical Debt | 3 yrs | Miss. Code Ann. § 15-1-29 |
When the Clock Starts
In Mississippi, the limitations period for medical malpractice claims generally begins on the date the alleged act, omission or neglect was or with reasonable diligence should have been first known or discovered. Mississippi recognizes a discovery rule for this claim type: The two-year clock runs from when the negligence was or reasonably should have been discovered, subject to an absolute seven-year statute of repose from the act; foreign-object and fraudulent-concealment situations are excepted from the repose bar.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: The Mississippi Tort Claims Act requires 90 days' pre-suit written notice to a governmental entity (e.g., a public hospital), and such claims carry a shortened one-year limitations period (Miss. Code § 11-46-11).
- Damage caps: $500,000 cap on noneconomic damages (pain, suffering, disfigurement, mental anguish) (Miss. Code § 11-1-60(2)).
A mandatory 60-day pre-suit written notice of the claim must be served on each provider before filing; serving it within the final 60 days of the period extends the deadline (Miss. Code § 15-1-36).
Source: Miss. Code § 15-1-36, official Mississippi statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Mississippi government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Mississippi Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Mississippi | 2 years | Miss. Code § 15-1-36 |
| Louisiana | 1 yr | La. R.S. 9:5628(A) |
| Arkansas | 2 yrs | Ark. Code § 16-114-203 |
| Tennessee | 1 yr | Tenn. Code Ann. § 29-26-116 |
| Alabama | 2 yrs | Ala. Code § 6-5-482 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Mississippi?
You have 2 years from the date the alleged act, omission or neglect was or with reasonable diligence should have been first known or discovered, under Miss. Code § 15-1-36.
Can I still sue after 2 years in Mississippi?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to medical malpractice claims in Mississippi?
Yes. The two-year clock runs from when the negligence was or reasonably should have been discovered, subject to an absolute seven-year statute of repose from the act; foreign-object and fraudulent-concealment situations are excepted from the repose bar.
What if the victim was a minor?
Mississippi generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
The Mississippi Tort Claims Act requires 90 days' pre-suit written notice to a governmental entity (e.g., a public hospital), and such claims carry a shortened one-year limitations period (Miss. Code § 11-46-11).
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Sources
- Official Miss. Code § 15-1-36 (2024) — Justia (durable free source; Mississippi Code is otherwise only on commercial LexisNexis)
- Corroborating Mississippi Medical Malpractice Statute of Limitations — Nolo
- Corroborating Miss. Code § 15-1-36 — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Mississippi attorney.