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 to medical malpractice lawsuits.
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 by it.
Learn more damages in medical malpractice cases.
by: David Goguen, J.D.