The Mississippi Supreme Court recently ruled in favor of a woman who had filed a wrongful death lawsuit five years after the incident occurred. The woman’s mother died in 2010, but the plaintiff did not file a claim against the hospital that is allegedly responsible for her mother’s death until 2015.
The Mississippi Supreme Court ruled that the case was valid and could proceed because the minor’s savings statute applied in this situation. Casetext reports that the plaintiff, who was the victim’s oldest child, was 16 at the time of her mother’s death.
Because the case involved medical negligence, the court ruled that the plaintiff had two years from the date on which she turned 21 to file a wrongful death lawsuit over her mother’s passing. The hospital argued that the state’s wrongful death statute of limitations and the minor’s savings statute contradicted each other.
The hospital also claimed that the plaintiff’s aunt, who petitioned for guardianship of the minor children in 2012, could have filed the claim on the children’s behalf. Although the children’s aunt had the authority to file a lawsuit against the hospital on behalf of her nieces, she never did.
As this case illustrates, the standard statutes of limitations in personal injury law do not necessarily apply to every case. If you or a loved one was the victim of medical malpractice, contact The Bowling Law Firm to discuss your situation.
Attorney David A. Bowling will evaluate your case to determine if you have grounds for a claim. Call (504) 586-5200 to schedule a consultation with a medical malpractice lawyer in Jackson.
What Is the Statute of Limitations for Filing a Wrongful Death Claim in Mississippi?
In most cases, family members have three years to file a wrongful death claim against the party that is liable for their loved one’s death. The clock typically starts ticking on the date that the death occurred.
There are several exceptions to this statute, though, which is why you should always discuss your case with a lawyer. For example, if medical malpractice was the cause of the victim’s death, the family members typically have only two years to file a claim.
In cases involving medical malpractice, the clock starts ticking on the date of the incident or on the date when the incident should have become apparent. If the plaintiffs are minors, though, the time limit may not start until they are over the age of 21.
If you believe that your loved one died due to the negligence of a doctor, nurse, or another healthcare worker, contact The Bowling Law Firm. You may be entitled to compensation for medical expenses, funeral and burial expenses, pain and suffering, and other damages.