Is there a cap on medical malpractice damages in Mississippi?
Yes. Like a lot of states, Mississippi
caps non-economic damages in medical malpractice cases, effectively
limiting the amount of money that a successful plaintiff can receive
even after a jury has found the defendant liable
for medical malpractice.
Mississippi's cap for non-economic
damages is set at $500,000, and you can find this law codified
at Mississippi Code section 11-1-60.
It's important to understand the kinds
of compensation that this law does and does not affect when it comes
Non-economic damages are those that are
meant to compensate the plaintiff for the negative effects of the
malpractice that aren't so easily calculable, and at the same time
are more subjective from plaintiff to plaintiff. They include
compensation for pain and suffering, stress and anxiety, loss of
enjoyment of life, scarring and disfigurement, and similar losses
caused by the defendant's malpractice.
Mississippi's cap on medical
malpractice damages does not apply to economic damages, which include
payment of past medical bills, prospective payment for future medical
care, reimbursement of lost income, compensation for any limitations
on the plaintiff's ability to earn a living because of the
malpractice, and any other provable losses that can be tied to the
malpractice and/or to the medical treatment that was made necessary
Learn more damages
in medical malpractice cases.
by: David Goguen, J.D.