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Mississippi

Recent Reforms Enacted (since 2003) Establishes a hard $500,000 cap on non-economic damages, deleting the exceptions to the cap. The new law also deletes the increases to the cap that were set to occur in 2011 and 2017. Abolishes joint liability. All medical liability actions can only be brought in the county in which the alleged act or omission occurred. (2004)
Emergency Care Provision None
Reform Elements In Law $500K Cap
Joint Liability
Collateral Source
Periodic payments
Expert Witness
Affidavit of Merit
Constitutional Status of Reforms (2011) Two cases challenging damage cap could be heard by the State Supreme Court…Learmonth v. Sears and APAC v. Bryant.  (2013) Court of Appeals Upholds damage cap in Learmonth v. Sears.
Change in Insurance Rates The Medical Assurance Co. will reduce premiums by 5% in 2006, according to the state insurance commissioner. MACM covers about 70% of physicians in the state. MACM also reported it would refund 10% of premiums paid by physicians in 2005 if company finances continue to improve. The AMA reports at least one insurer raised rates more than 100% in 2004. 86 paid claims in 2007. In 2009, the Washington Examiner reported that the state's largest insurer has dropped premiums by 42% and offered 20% rebates on premiums since 2004.
Insurance Availability Information not available.
Change in Physician Availability Information not available.
Change in Cases Filed/Awards 103 paid claims in 2003 or 19.5 per 1000 active nonfederal physicians.  US avg. was 18.8 per 1000. 87 paid claims in 2005 or 16.4 per 1000 active nonfederal physicians.  US avg. was 17.1 per 1000. (Kaiser) 95 total number of paid claims for 2006 or 15.9 per 1,000 active, non-federal physicians. 86 paid claims in 2007. In 2009, the Washington Examiner reported that the number of medical liability claims in the state have declined by 91 percent since the 2004 reforms.
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