Tag Archives: negligence

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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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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.