Mississippi is a pure comparative negligence state. A claimant’s contributory negligence does not bar recovery, but damages are reduced in proportion to the amount of negligence attributable to the claimant. Miss. Code Ann. § 11-7-15
Category Archives: Medical Malpractice
In a joint and several liability Mississippi civil action action based on fault, including a medical malpractice action, each tortfeasor or wrongdoer is liable only for damages allocated to them in direct proportion to their percentage of fault. Miss. Code Ann. § 85-5-7 (Westlaw 2007). Fault must be assigned to absent tortfeasors who contributed to the injury (such as persons who have settled or were not sued) and those with immunity. Id.; Blailock v. Hubbs, 919 So. 2d 126 (Miss. 2005). This rule does not apply to acts committed with specific wrongful intent or as part of a common plan to commit a tortious act. § 85-5-7(1) and (4).
An action against a healthcare provider for professional negligence may not be instituted unless the plaintiff gives the defendant at least sixty (60) days written notice prior to filing suit. MISS. CODE ANN. § 15-1-36(15) (2012). The Mississippi Supreme Court requires strict compliance with this provision. Arceo v. Tolliver, 949 So. 2d 691, 695 (Miss. 2006). Dismissals for lack of notice are without prejudice. Williams v. Skelton, 6 So. 3d 428, 430 (Miss. 2009).
