Mississippi Jury Instruction - 1.3 Medical Malpractice Claim Against Hospital And Physician Statute Of Limitations Defense
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FAQ
There are four elements of medical malpractice, including a medical duty of care, breach of the duty, injury caused by the breach, and damages. When you pursue a claim based on medical error, you must establish each of these elements. Doctors and surgeons are trained to do no harm when treating their patients.
In a medical malpractice case, the medical records are one of the most vital pieces of evidence in the case. Since the patient has the burden of proving negligence against the health care provider in a medical malpractice case, the written medical record can make or break a case.
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.
Primary defenses Negligence is defined as the failure to use ordinary care; that is, the failure to do what a physician of ordinary prudence would have done in the same or similar circumstances.
Mississippi's Medical Malpractice Damages Cap Mississippi's cap for noneconomic damages is set at $500,000, and you can find this law codified at Mississippi Code section 11-1-60.
Which Element of a Medical Malpractice Case is Hardest to Prove? The hardest element of a medical malpractice case to prove is the breach of the duty of care, the second element. This is because proving that the medical provider acted in a way that was not reasonable can be difficult.
Mississippi deals specifically with the medical malpractice statute of limitations in Mississippi Code § 15-1-36. Under the Mississippi Code, medical malpractice lawsuits must be filed within two years of the day the malpractice occurred.
Then, you have to show the court that the doctor's actions or inactions were the direct cause of your illness and that your health was damaged as a direct result. Of those four components, causation is often the hardest element to prove in court.