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Commonly Asked Questions about Medical Malpractice in Mississippi

In Mississippi, you may bring a medical malpractice lawsuit for an injury you suffered against a licensed healthcare provider based upon their negligence, misconduct, errors or omissions, or bdocHub of contract in the rendering of healthcare, medical services, nursing services or other health-related services.
8 Most Common Types Of Medical Malpractice Cases Misdiagnosis. Unfortunately, misdiagnosis is very common. Delayed Diagnosis. The same is true of delayed diagnosis. Surgical Errors. Failure To Treat. Birth Injuries. Prescription Drug Errors. Anesthesia Errors. Failure To Prevent Or Treat Infections.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) bdocHub of such duty; (3) injury caused by the bdocHub; and (4) resulting damages.
Under Mississippi law, you have two years from the date of the alleged malpractice, or from the date with reasonable diligence you might have first known about or discovered the malpractice. However, Mississippi also has whats called a statute of repose that applies to medical malpractice cases. Mississippi Medical Malpractice Laws Statutory Rules - AllLaw alllaw.com articles nolo laws-mississippi alllaw.com articles nolo laws-mississippi
Mississippi Code 15-1-36 requires that personal injury claims of malpractice against medical and pharmaceutical professionals be brought within two years of the date of error or date of discovery.
The Difficulties of Proving Fault in Medical Malpractice Cases. Medical malpractice lawsuits can be difficult to win in large part because of the complexity of the subject that is being discussed in the lawsuit. Doctors have years and years of training to understand medical terminology, illnesses, and medications.
Which element of malpractice is hardest to prove? Proving negligence is often the most challenging element of a medical malpractice case. It requires demonstrating that the healthcare providers actions deviated from the standard of care and that this deviation directly caused harm to the patient.
However, medical records are the most important type of evidence for establishing medical malpractice. Medical records do the most detailed job of proving a standard of care, revealing pertinent patient condition information, and establishing a paper trail with a timeline of medical care, diagnosis, and treatment.
Causation. Of these four elements of medical malpractice, causation is often the hardest to prove. It can be difficult to establish that the patients injury would not have occurred but for the healthcare professionals negligence.