Category Archives: Medical Malpractice

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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).

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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).

 

 

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Hospitals are not typically liable for the negligent acts of independent contractor physicians in Mississippi. A hospital that holds itself out as providing a service, and where the patient engages the hospital’s service without regard to the physician’s identity, aligns the hospital for vicarious liability. A hospital held vicariously liable is entitled to indemnity from the negligent physician.