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Doctors, nurses, and other medical professionals are held to some of the highest standards in any profession and are expected to provide excellent care for every patient. With years — and in some cases, decades — of training, they meet these standards the majority of the time. However, like any human, they remain fallible, and these mistakes tend to result in serious and life-changing consequences.
If you or someone you love suffered a serious injury or were killed through medical malpractice, you deserve the chance to seek compensation to cover any medical bills, rehabilitation, lost wages, and any other damages incurred by the negligent or reckless action. At Owen, Owen & Smith, PLLC, our Biloxi medical malpractice attorneys understand just how devastating a medical error can be on someone’s life and the lives of their family. Contact our firm today to discuss your legal options and take the necessary steps to secure the legal outcome you deserve.
Who Can Be Held Liable in a Medical Malpractice Case in Mississippi?
In most cases, your claim will be against the medical professional whose actions caused direct harm. This can include your doctor, nurses, dentist, staff at a nursing home, pharmacist, and more. In some situations, a clerical error is to blame for the malpractice — in these cases, you may be able to take legal action against the medical facility itself for failing to safely and accurately handle vital paperwork and documentation. Uncovering who exactly can be held responsible is a key step in any medical malpractice lawsuit, and your attorney will work closely with you to accurately identify every party responsible for your situation.
In any medical malpractice case in Mississippi, the burden of proof is on you and your legal representation to prove that the medical professionals in question both failed to meet the standard of care and that their actions directly caused your injuries. In your case, you will have to prove:
- There was a duty of care. You must be able to prove that everyone named in your lawsuit had a duty to provide medical attention and treatment.
- That duty of care was breached. This typically means that you must prove that the medical professional acted in a way that failed to meet the standard of care they are required to provide during your treatment, procedure, prescription, etc.
- Their actions directly caused your injuries. You must also be able to prove that your injuries were the direct result of their actions.
- You suffered significant injuries due to those actions. It’s not enough to just prove that you suffered an injury due to these actions, you must also be able to prove that the damage you suffered was serious enough to warrant legal action.

Our Medical Malpractice Lawyers Are On Your Side
How Long Do I Have to File a Medical Malpractice Claim in Mississippi?
Under Mississippi Code § 15-1-36, anyone looking to file a medical malpractice lawsuit must do so within two years of the date of the incident, or within two years of when the issue could reasonably have been discovered. Some key examples of this are a foreign object left inside the victim’s body that was not detected for some time following the procedure, or if the medical error was concealed from the victim. In any case, it’s important to take action as soon as you are able to avoid running up against this deadline. The sooner you can get in touch with a Biloxi medical malpractice lawyer, the sooner you can take the steps necessary to secure the compensation you deserve.
How Much Can I Recover in Damages in a Medical Malpractice Case in Mississippi?
Under Mississippi Code § 11-1-60, there is a $500,000 cap on how much someone can recover in non-economic damages. This includes:
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of consortium
- Disfigurement
- Loss of enjoyment of life
- Embarrassment
These damages are all subjective and do not have a specific monetary value attached to them. However, there is no cap on economic damages in a medical malpractice case in the state. This includes:
- Medical bills
- Rehabilitation
- Long-term care
- Lost wages
- Lost earning potential
- Disabilities
- Burial fees
This means that there is no upper limit on how much you could potentially recover in economic damages. Your attorney will work closely with you to best establish exactly how much you need to cover all current and future expenses resulting from the medical malpractice. This is one of the reasons why it’s vital to work with a law firm you can trust — failing to take something key into account could lead to problems down the line, and an experienced Biloxi medical malpractice attorney will best know how to prepare for and plan for any eventuality.
If you or someone you love was seriously injured through the negligent or harmful actions of a medical professional, you deserve the chance to fight for the compensation you need. At Owen, Owen & Smith, PLLC, our Biloxi medical malpractice lawyers have spent decades representing injured victims throughout Mississippi and have secured millions of dollars in verdicts and settlements for our clients. Send us your information through our online form to schedule a case evaluation or give us a call to speak with a member of our firm today.