How would you feel, if you found out that the surgeon left his watch in your belly, while performing your kidney transplant surgery? More than that you would definitely like to know, as to what would be your course of action in this regard. if you are a resident of Mississippi, then in that case, this article would be of help in giving you an idea, in regard to the malpractice laws in the state.

As per the rules of the state, such an action, or act of negligence has to be brought within two years after the act, omission, or neglect has been discovered or could have been discovered with reasonable diligence. Similarly, in case of death claims, the matter should be reported within two years from the death of the victim. The rule is however subject to certain exceptions, such as that of a minor or mentally disabled person. In case of a minor, equal to or less than six years of age, an action could be brought within two years of the death of the minor, or his or her sixth birthday, whichever comes earlier. In case of a mentally disabled person, the matter could be brought to book, within two years of death or the elimination of the disability, whichever comes first

The state adheres to the doctrine of pure comparative negligence. In such a situation, the negligence on the part of the petitioner does not eliminate his or her right to recovery, but it definitely reduces the amount of recovery that he/she can claim. The amount would get reduced in proportion to the amount of negligence on the part of the petitioner.

The rules of this place also state that each accused is responsible only for an amount of recovery, which is allocated to him in direct proportion to his percentage of fault. This rule does not apply to acts which have been committed with purposefully wrong intent.

In usual, circumstances, an expert medical testimony is required in such a case, unless, the nature of act or negligence, is such that it is utterly obvious on the part of a layman to understand the act as a matter of common sense. It states that an expert testimony is required for proving lack of informed consent, so as to establish the facts, related to the case. In order to qualify as an expert, a physician is required to hold a license in the Mississippi or some other state.

As it is, the above rules are some basic rules pertaining to the issue. Apart from these there are a number of other rules and the more you know about them, the better.

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