Mississippi Medical Malpractice Update Mississippi Enacts PLI Reform Law During Special Session
On October 8, 2002, the Mississippi legislature passed and Governor Musgrove signed a bill addressing physician professional liability reform. Several of AOA’s reform principles were addressed.
Non-economic damage limitations
The new law includes non-economic damage caps:
A $500,000 cap in place on Jan. 1, 2003, increasing to $750,000 on Jan. 1, 2011,and to $1 million on Jan. 1, 2017. This cap does not apply to damages for disfigurement. This cap does not apply if the judge decides that the jury can award punitive damages. Also, the cap does not apply to economic damages.
Joint and several liability
Ends joint liability for non-economic damages. This means that defendants will only need to pay for their percentage of fault. Changes joint and several liability standards for economic damages: If the defendant is less than 30% responsible then she or he only needs to pay that percentage of economic damages,
and
If the defendant is 30% or more responsible then she or her can be made to pay for up to 50% of economic damages. Good Samaritan Immunity from Liability
Any licensed physician who voluntarily provides in good faith needed medical or health services to any program at an accredited school in the state without the expectation of payment shall be immune from liability for any civil action arising out of the provision of such medical or health services, except for cases of willful acts or gross negligence. This immunity applies only if the physician and patient complete a written waiver before medical services specifying that such services are provided without the expectation of payment and that the licensed physician shall be immune. A physician who provides free medical services under a special volunteer medical license is immune from liability for any civil action arising out of any act or omission resulting from the rendering of the medical service unless the act or omission was the result of the physician's gross negligence or willful misconduct. In order for the immunity under this subsection to apply, there must be a written or oral agreement for the physician to provide a voluntary noncompensated medical service before the physician provides the services.
Statute of Limitations
Establishes a statute of limitations of two years from the date that the malpractice occurred or should have been discovered, no later than seven years from occurrence. However, this rule has the following exceptions:
Exception for foreign bodies states that the time period for filing suit starts when the foreign body is discovered. Exception for fraud states that the time period for filing suit starts when the fraud is discovered. If the malpractice is against a child under the age of six, then the time to file a lawsuit extends until the child reaches age eight. If the malpractice is against a child who does not have a parent when the malpractice was or should have been discovered, then the time to file a lawsuit continues for two years after the parent’s death. If the malpractice is against a person who is of “unsound mind” when the malpractice was or should have been discovered, then the time to file a lawsuit continues for two years after no longer disabled.
Venue for lawsuits
All lawsuits against doctors and other health care professionals based their medical services must only be filed in the county where the wrongdoing occurred. This provision prevents plaintiffs from choosing a sympathetic area in which to file a lawsuit.
Not included in the newly enacted law are:
Periodic payments of future damages Offsets for collateral sources Limitations on attorney contingency fees