Jackson Medical Malpractice Lawyer
Assisting Clients Throughout Mississippi & Georgia
An Aggressive Advocate Who Has Obtained Multi Million Verdicts and settlements for Medical Malpractice
Medical malpractice incidents can be some of the most damaging and severe. Surgeries that didn’t operate according to protocol or a doctor’s unreasonable failure to detect a serious illness are examples of medical malpractice injuries a patient can sue for. At Hawkins Law, P.C., we take an aggressive approach to injury litigation and will put up a tough and assertive fight for your case. We will help you navigate the legal jargon of medical malpractice laws and help you build a strong argument for damages.
Do not wait to take action in a medical malpractice case; get started as soon as you can with an experienced lawyer today. Schedule a free consultation with Hawkins Law, P.C. to learn more.
“Certificate of Consultation” for Medical Malpractice Lawsuits
Anyone in Mississippi who has suffered an injury due to a medical professional’s procedural error in breach of their duty to the patient, negligence, misconduct, negligent, omission, breach of the standard of care, or other health-related service may sue for medical malpractice. Note that all medical malpractice lawsuits filed in the state require a “Certificate of Consultation” that has the attorney swears the following under oath:
- They have reviewed the injured patient’s case in consultation with one or more experts who are qualified under Mississippi law to offer an opinion on the appropriate standard of medical care applicable and/or the negligence of the defendant healthcare provider.
- They reasonably believe the expert(s) consulted are knowledgeable in the medical conditions and medical issues relevant to the lawsuit.
- They have concluded that there is a reasonable basis for the filing of the lawsuit based on this consultation.
A Certificate of Consultation is not required in certain special cases in which the defendant healthcare provider’s negligence is blatantly self-evident (an example would be leaving a medical device in your body during surgery and having to go back in to remove it) or if the patient did not give informed consent to the medical service.
If a medical malpractice case is successful, an injured plaintiff can recover a range of economic (monetary) and non-economic (non-monetary) damages, including:
- Actual economic damages – out-of-pocket items that can be easily quantifiable, such as medical bills, prescription fees, nursing costs, physical therapy costs, and lost wages
- General compensatory damages – pain and suffering, loss of enjoyment of life, future medical costs, future wages, loss of companionship
- Punitive damages – in really egregious cases – meant primarily to punish the defendant and discourage them and others from repeating the same behavior, particularly in cases involving actual malice, gross negligence, or fraud
Keep in mind that Mississippi does cap non-economic damages in medical malpractice cases against private physicians or private hospitals or facilities at $500,000. Non-economic damages subject to this damage cap include pain and suffering, emotional stress and anxiety, loss of enjoyment of life, and scarring and disfigurement. There is no cap for economic damages, though, in cases against private facilities or private physicians and any financial losses tied to the medical malpractice incident may be recovered. This might include millions in future medical care that will be needed and lost wages caused by the negligence at issue.
Cases against a public entity in Mississippi – the state, a county or city (including against a doctor working performing surgery for example at a state hospital) must be brought within one year and claims against a public hospital or facility is capped at $500,000 for both economic and compensatory damages. Please do not delay in having your case evaluated.
If you or a loved one has been injured in a medical malpractice incident, you have the right to take legal action and sue your healthcare provider for negligence or misconduct. Medical malpractice cases against private physicians, clinics and hospitals must be filed 2 years from the date the healthcare provider committed the malpractice or the date on which the malpractice and injury/damage was first known or discovered. In the latter scenario, the plaintiff has the burden of proving why they did not discover the malpractice or injury until a later date. Again, the statute of limitations against a public hospital or physician performing surgery or providing treatment at a public hospital is one year.
Hawkins Law, P.C. is committed to providing clients in Jackson, MS & Atlanta, GA with aggressive, assertive representation. Attorney John F. Hawkins will work closely with you to develop an effective legal strategy that meets your needs for compensation and recovery. You can trust Attorney Hawkins to keep you informed of your rights and to fight steadfastly for your case. Medical Malpractice cases are expensive and complex. Let us help you.