## How the limitation period applies

The controlling primary authority for US-MS medical malpractice SOL (15-1-36) is **15-1-36**.

> **15-1-36.** no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered.

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [15-1-36 — 15-1-36](https://unicourt.github.io/cic-code-ms/transforms/ms/ocms/r73/gov.ms.code.title.15.html)

All sources are official primary law published by `unicourt.github.io`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in Mississippi — backed by real statute citations.

Statute of limitations for medical malpractice in Mississippi

§ 15-1-29. Limitations applicable to actions on accounts and unwritten contracts. Except as otherwise provided in the Uniform Commercial Code, actions on an open account or account stated not acknowledged in writing, signed by the debtor, and on any unwritten contract, express or implied, shall be commenced within three (3) years next after the cause of such action accrued, and not after, except that an action based on an unwritten contract of employment shall be commenced within one (1) year next after the cause of such action accrued, and not after.

In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.

§ 15-1-49. Limitations applicable to actions not otherwise specifically provided for. All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.

§ 15-1-35. Limitations applicable to actions for certain torts. All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace, and all actions for slanderous words concerning the person or title, for failure to employ, and for libels, shall be commenced within one (1) year next after the cause of such action accrued, and not after.

For any claim accruing on or after July 1, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered, and, except as described in paragraphs (a) and (b) of this subsection, in no event more than seven (7) years after the alleged act, omission or neglect occurred.

Unless otherwise provided by law, the following actions shall be commenced within the time limits hereinafter prescribed and not afterward: ... (c) All actions for the recovery of damages for injuries to the person, or for the wrongful death of a person ...

(c) All actions for the recovery of damages for injuries to the person, or for the wrongful death of a person.

An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. ... A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made ...

All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.

§ 15-1-49. Limitations applicable to actions not otherwise specifically provided for. All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after. In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.

"[A]n action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six (6) years after the due date or dates stated in the note or, if a due date is accelerated, within six (6) years after the accelerated due date."

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

All actions for assault, assault and battery, maiming, false imprisonment, malicious arrest, or menace, and all actions for slanderous words concerning the person or title, and for libels, shall be commenced within one year after the cause of such action accrued, and not after.

§ 15-1-36. Limitations applicable to malpractice action arising from medical, surgical or other professional services. For any claim accruing on or before June 30, 1998, and except as otherwise provided in this section, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, institution for the aged or infirm, nurse, pharmacist, podiatrist, optometrist or chiropractor for injuries or wrongful death arising out of the course of medical, surgical or other professional services unless it is filed within two (2) years from the date the alleged act, omission or neglect shall or with reasonable diligence might have been first known or discovered.

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after. (2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury. (3) The provisions of subsection (2) of this section shall apply to all pending and subsequently filed actions.

(1) It is the purpose of this subsection to ensure that obligations to repay loans and grant overpayments are enforced without regard to any Federal or State statutory, regulatory, or administrative limitation on the period within which debts may be enforced. (2) Notwithstanding any other provision of statute, regulation, or administrative limitation, no limitation shall terminate the period within which suit may be filed, a judgment may be enforced, or an offset, garnishment, or other action initiated or taken by- (A) an institution that receives funds under this subchapter that is seeking to collect a refund due from a student on a grant made, or work assistance awarded, under this subchapter; (B) a guaranty agency that has an agreement with the Secretary under section 1078(c) of this title that is seeking the repayment of the amount due from a borrower on a loan made under part B of this subchapter.

(1) An action for breach of any contract for sale must be commenced within six (6) years after the cause of action has accrued. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party’s lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.

An action to enforce the obligation of a party to pay a promissory note payable at a definite time must be commenced within six (6) years after the due date stated in the note, or, if a due date is accelerated, within six (6) years after the accelerated due date. § 75-3-118 controls over the three-year residual at § 15-1-49 (Hubbard 2014; Jordan 2007). The one-year period at § 15-1-23 applies only to suits by the foreclosing lender — non-foreclosing lenders use § 75-3-118 six years (Hubbard ¶¶ 1

A Mississippi civil action for intentional infliction of emotional distress (IIED) must be filed within one year from accrual, under Miss. Code § 15-1-35, because the Supreme Court of Mississippi held IIED is 'of like kind or classification' to the enumerated intentional torts (assault, battery, menace, libel, slander) in that statute. Negligent infliction of emotional distress (NIED) may be governed by the three-year general period under § 15-1-49; this receipt uses the one-year period as the c

In Mississippi, an action for libel (written defamation) must be commenced within one year after the cause of action accrued, and not after, under Miss. Code Ann. § 15-1-35.

Statute of limitations for debt on a promissory note in US-MS is 6 years under Miss. Code Ann. § 75-3-118(a).

Statute of limitations for intentional negligent infliction of emotional distress in US-MS is 1 years under Miss. Code Ann. § 15-1-35.

Statute of limitations for personal injury in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for wrongful death in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for medical malpractice in US-MS is 2 years under Miss. Code Ann. § 15-1-36.

Statute of limitations for breach oral contract in US-MS is 3 years under Miss. Code Ann. § 15-1-29.

Statute of limitations for breach written contract in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for libel in US-MS is 1 year under Miss. Code Ann. § 15-1-35.

Statute of limitations for slander in US-MS is 1 year under Miss. Code Ann. § 15-1-35.

Statute of limitations for product liability in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for premises liability in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for property damage in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for trespass in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for fraud in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for legal malpractice in US-MS is 3 years under Miss. Code Ann. § 15-1-49.

Statute of limitations for debt on a promissory note in mississippi is 6 years under Miss. Code Ann. § 75-3-118(a).

debt_on_a_promissory_note SOL in US-MS: 6 years

intentional_negligent_infliction_of_emotional_distress SOL in US-MS: 1 years

Federal law 20 U.S.C. § 1091a(a)(2) expressly eliminates any statute of limitations on federal student loan debt collection by the Secretary of Education, guaranty agencies, and lending institutions. Mississippi's general 3-year SOL (Miss. Code § 15-1-49) is preempted by federal law for federal student loans. There is no limitations period within which the Secretary or federally-backed lenders must file suit or take collection action.

Miss. Code Ann. § 15-1-59 tolls the limitations period for persons under the disability of infancy (minority) or unsoundness of mind until the disability is removed. Text sourced from sub_rules entry previously fetched from Justia 2013 codification.

§ 15-1-59 minority/disability tolling section confirmed in Miss. Code Ann. tit. 15, ch. 1 table of contents (unicourt mirror r73).

Miss. Code Ann. § 15-1-63 (titled 'Effect of absence from the state') is the defendant-absence tolling provision. Gulf National Bank v. King, 362 So.2d 1253, 1254 (Miss. S. Ct. 1978). NOTE: § 15-1-65 is the borrowing statute ('Action barred in another jurisdiction barred here'), not the defendant-absence provision.

§ 15-1-63 section title 'Effect of absence from the state' confirmed; § 15-1-65 distinguished as separate borrowing statute.

Miss. Code Ann. § 15-1-67 fraudulent concealment tolling: resets accrual to when the fraud was or reasonably should have been discovered. Verbatim text from Windham v. Latco of Mississippi, Inc., 972 So.2d 608, 611 (Miss. S. Ct. 2008).

§ 15-1-67 fraudulent concealment text confirmed a second time in Bullard v. Guardian Life Insurance Company of America, 941 So.2d 812, 818 (Miss. S. Ct. 2006).

Miss. Code Ann. § 15-1-49(2) codifies Mississippi's discovery rule for latent injury/disease: the cause of action does not accrue until the plaintiff has discovered, or with reasonable diligence should have discovered, the injury. Verbatim text quoted in Owens-Illinois, Inc. v. Edwards, 573 So.2d 704, 706 (Miss. S. Ct. 1990, en banc).

§ 15-1-49(2) discovery rule text confirmed a second time in Bullard v. Guardian Life Insurance Company of America, 941 So.2d 812, 817 (Miss. S. Ct. 2006).

Mississippi has no statute of limitations specific to non-medical, non-legal professional malpractice; such a claim is governed by the general catch-all of Miss. Code Ann. § 15-1-49(1), under which all actions for which no other period of limitation is prescribed must be commenced within three (3) years after the cause of action accrued, subject to the latent-injury discovery rule of subsection (2).

In US-MS, the limitation rule for debt on a promissory note is governed by Miss. Code Ann. § 75-3-118(a).

If any person entitled to bring any of the personal actions mentioned shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the actions within the times in this chapter respectively limited, after his disability shall be removed as provided by law. However, the saving in favor of persons under disability of unsoundness of mind shall never extend longer than twenty-one (21) years.

[verbatim text not recovered from available public sources; statute titled 'Effect of absence from the state' (Miss. Code Ann. tit. 15, ch. 1 table of contents); judicially confirmed as provision 'which tolls the statute of limitations while defendants are absent from the state' — Gulf National Bank v. King, 362 So.2d 1253, 1254 (Miss. 1978); NOTE: task brief suggested § 15-1-65 — that section is the borrowing statute 'Action barred in another jurisdiction barred here', confirmed by Bell v. General Motors Corp., 968 F.Supp. 855 (S.D. Miss. 1997); § 15-1-63 is the correct defendant-absence tolling provision]

§ 15-1-67. Effect of fraudulent concealment of cause of action. If a person liable to any personal action shall fraudulently conceal the cause of action from the knowledge of the person entitled thereto, the cause of action shall be deemed to have first accrued at, and not before, the time at which such fraud shall be, or with reasonable diligence might have been, first known or discovered.

If any person entitled to bring any of the personal actions mentioned shall, at the time at which the cause of action accrued, be under the disability of infancy or unsoundness of mind, he may bring the actions within the times in this chapter respectively limited, after his disability shall be removed as provided by law.