Disclaimer: The information in this article is provided for general informational purposes only and is not legal advice. Medical malpractice law is extremely nuanced, and every case should be evaluated individually based on its specific facts.
Before suing a private doctor or hospital in Mississippi, you generally must give each defendant at least 60 days' written notice of your claim. If the provider is a public hospital or state employee, such as the University of Mississippi Medical Center (UMMC) in Jackson, different rules apply. In that case, notice goes to the entity's chief executive officer at least 90 days before suit, and the filing deadline is shorter.
Mike Saltaformaggio, who leads Maggio Law from our office on East Fortification Street, sharpened his trial skills as Articles Editor of the Mississippi College Law Review. He is a member of the Mississippi Association for Justice, and he and the firm's partners personally handle each case. For a medical malpractice lawyer in Jackson, getting pre-suit notice right is one of the first and most important tasks in a case.
Below, we cover what the notice must say, how the public-provider rules differ, how notice affects deadlines, and what can happen if it's missed.
What Is Mississippi's 60-Day Notice Requirement for Medical Malpractice?
Mississippi's 60-day notice requirement, found in Miss. Code Ann. § 15-1-36(15), says no medical negligence lawsuit may begin unless the defendant received at least 60 days' prior written notice. The Mississippi Supreme Court has called this requirement mandatory in Arceo v. Tolliver (2009).
The statute covers a broad group of licensed providers, including:
- Physicians and osteopaths
- Hospitals
- Institutions for the aged or infirm, such as nursing homes
- Nurses and pharmacists
- Dentists, podiatrists, optometrists, and chiropractors
The notice period is designed to give providers a chance to evaluate a claim before litigation starts. It also gives both sides an early opportunity to resolve the matter without a lawsuit.
What Must a Mississippi Medical Malpractice Notice Letter Include?
A Mississippi medical malpractice notice letter does not have to follow a set form, but the statute requires specific content. Use this checklist as a starting point:
- Written form: The notice must be in writing.
- Legal basis: It must state the legal basis of the claim.
- Type of loss: It must describe the type of loss suffered.
- Specific injuries: It must describe the nature of the injuries with specificity.
- Every defendant: A separate notice should be sent to each provider you may sue.
Vague letters can create problems later. Mississippi courts closely examine whether the notice actually put each defendant on fair notice of the claim.
Are Notice Rules Different for Public Hospitals Like UMMC?
Yes. Claims against public hospitals and their employees fall under the Mississippi Tort Claims Act (MTCA), the law that governs lawsuits against government entities. According to UMMC's Office of General Counsel, the MTCA applies to UMMC employees and limits the State's liability to $500,000. Courts have also applied the MTCA to county-owned community hospitals.
| Rule | Private Provider | Public Provider (MTCA) |
|---|---|---|
| Notice period | At least 60 days before suit | At least 90 days before suit |
| Who receives notice | Each defendant | The entity's chief executive officer |
| Filing deadline | Generally 2 years from discovery, 7-year outer limit | Generally 1 year |
| Tolling effect | Notice served in the final 60 days extends the deadline 60 days from service | Notice tolls the deadline 95 days for state entities, then an additional 90 days after denial or tolling ends |
| Damages limit | $500,000 non-economic cap | $500,000 liability limit |
Who receives the notice matters a great deal. In University of Mississippi Medical Center v. Aycock, 369 So. 3d 534 (Miss. 2023), the patients served several hospital officials but not the chief executive officer. The Mississippi Supreme Court held that CEO service was required by statute, but sent the case back so the patients could attempt to prove waiver or estoppel.
MTCA notices have their own content requirements. These include the facts, the extent of the injury, the time and place of the incident, the people involved, the damages sought, and the claimant's residence.
How Does Pre-Suit Notice Affect the Statute of Limitations?
Pre-suit notice can affect the statute of limitations, the legal deadline to file a claim, through a process called tolling. Tolling pauses or extends that deadline. How it works depends on whether the defendant is a private or public provider.
For private providers, § 15-1-36(15) sets out these rules:
- When the extension applies: Notice must be served within the 60 days preceding the filing deadline.
- How long it lasts: The filing period is extended 60 days from the date the notice was served.
- Who it doesn't cover: The extension does not apply to unknown defendants named under fictitious names.
For public providers covered by the MTCA, the timeline works differently:
- Starting point: A claim generally must be filed within one year.
- Tolling period: Filing a timely notice of claim tolls the one year for 95 days for state entities, a period the Mississippi Supreme Court discussed in UMMC v. Carter.
- Additional filing window: After the claim is denied or the tolling period expires, the claimant generally has an additional 90 days to file.
Because these periods stack on top of one another, the true filing deadline is rarely as simple as counting one or two years from the date of treatment. Calculating it often requires a careful review of when the injury was discovered, when notice was served, and who received it.
What Happens If You File Without Proper Notice?
Filing a medical malpractice lawsuit without proper notice can lead to dismissal. In Pitalo v. GPCH-GP, Inc. (2006), the Mississippi Supreme Court described the failure to send notice as an "inexcusable deviation" from the Legislature's requirements. Dismissals in these situations have generally been without prejudice, meaning the case may be refiled.
Refiling may not solve the problem if the deadline has run in the meantime. In some situations, Mississippi courts have held that a properly filed and served complaint can still pause the limitations period even when notice was deficient. The Supreme Court applied that principle in Price v. Clark, 21 So. 3d 509 (Miss. 2009), a case involving public defendants. Whether a later case benefits from that rule depends on its specific facts, which is why timing should never be left to chance.
Do You Need a Medical Expert Before Filing in Mississippi?
Yes, in most cases. Under Miss. Code Ann. § 11-1-58, the patient's attorney must complete an expert review before filing a medical malpractice lawsuit. The attorney then signs a certificate of consultation confirming that the review took place.
The statute generally requires that the attorney:
- Review the facts: Examine the case, including the medical records.
- Consult an expert: Speak with at least one expert who is qualified under the Mississippi Rules of Civil Procedure and Rules of Evidence to testify about the standard of care or negligence.
- Choose an expert: Select an expert the attorney reasonably believes understands the medical issues involved in that particular case.
- Conclude: Determine, based on that review and consultation, that there is a reasonable basis to file the lawsuit.
The certificate of consultation is separate from the notice letter. The notice is served on the defendants before suit, while the certificate accompanies the complaint. In Wimley v. Reid (2008), the Mississippi Supreme Court held that a complaint should not be dismissed simply because the certificate wasn't attached. The court, however, left the statute's other requirements in place, and limited exceptions exist.
Steps to Take Before Sending a Notice of Claim
Preparing a notice of claim involves several steps, each of which affects the next. A careful process often looks like this:
- Request complete medical and billing records from every provider involved.
- Identify every potential defendant, including individual nurses and physicians.
- Determine whether any provider is a public entity covered by the MTCA.
- Calculate the filing deadline, including any discovery-rule issues.
- Have the records reviewed by a qualified medical expert.
- Draft notices that state the legal basis, type of loss, and specific injuries.
- Serve each notice on the correct person and keep proof of delivery.
- Track the waiting period and the extended filing deadline before filing suit.
Working with a medical malpractice lawyer in Jackson from the start helps keep these steps in the right order.
FAQs
Can I send the 60-day notice letter myself?
The statute does not say who must send the notice. Because content, recipients, and timing all affect whether a case can proceed, most patients benefit from having an attorney prepare and serve it.
Do I have to send notice to every doctor and hospital involved?
Generally, yes. In a case involving a nursing center and several of its nurses, the Mississippi Supreme Court held that each defendant must receive notice, even when one defendant employs the others. Actual knowledge of the claim has not been accepted as a substitute.
Does the 60-day notice extend my deadline?
Only in certain situations. If notice is served within the last 60 days before the deadline, the filing period is extended 60 days from service. Otherwise, the original deadline still controls.
What if I was treated at UMMC?
Claims involving UMMC and its employees generally fall under the MTCA. That means a 90-day notice to the chief executive officer and a one-year filing deadline, subject to tolling.
Does sending notice mean I have to file a lawsuit?
Generally, no. A notice states an intention to pursue a claim, but it does not obligate you to file. Some claims are resolved or abandoned after the notice period.
Is a notice of claim the same as a certificate of consultation?
No. The notice is sent to the defendants before suit. The certificate of consultation confirms that the attorney consulted a qualified expert, and it is filed with the complaint.
Get Your Notice Right the First Time With 'Maggio Law
Notice deadlines don't pause for weekends, and our clients have direct access to their attorney 24/7. We offer free consultations and handle medical malpractice cases on a contingency fee basis, with no upfront attorney fees. This article is general information, not legal advice. Speak with a medical malpractice lawyer in Jackson before sending any notice.
Sources
- Arceo v. Tolliver, 19 So. 3d 67 (Miss. 2009)
- Pitalo v. GPCH-GP, Inc., 933 So. 2d 927 (Miss. 2006)
- Price v. Clark, 21 So. 3d 509 (Miss. 2009)
- Wimley v. Reid, 991 So. 2d 135 (Miss. 2008)
- University of Mississippi Medical Center v. Aycock, 369 So. 3d 534 (Miss. 2023)
- University of Mississippi Medical Center v. Carter
- Mississippi Supreme Court, MTCA notice opinion involving a community hospital
- Mississippi Supreme Court, pre-suit notice to nurses and employer
- UMMC Office of General Counsel, Professional Liability Coverage FAQs
- Miss. Code Ann. §§ 11-1-58, 11-46-11, 15-1-36
