As in other states, medical malpractice defendants are potentially liable for all of the actual expenses and economic damages sustained by the plaintiff as a result of the defendant’s medical malpractice. So, for example, all medical bills and loss of income may be recovered by the defendant. Mississippi law also allows plaintiffs to recover for non-economic damages such as pain and suffering. However, non-economic damages may not exceed $500,000. Punitive damages are only allowed if the plaintiff proves willful malice or gross negligence. If the plaintiff is able to prove willful malice or gross negligence then the judge may award punitive damages based on the defendant’s net worth.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified health insurance lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local health insurance attorney to discuss your specific legal situation.