## 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.

Statute of Limitations for Medical Malpractice in Mississippi

Except as otherwise provided in the Uniform Commercial Code, actions on an open account or stated account 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.

(§ 15-1-49(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.

Unless otherwise provided by law ... (f) All actions for the recovery of damages for any other injuries to the rights of another. ... shall be commenced within three (3) years next after the cause of such action accrued, and not after.

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, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, 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, with a seven (7) year statute of repose.

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.

Unless otherwise provided by law ... (c) All actions for the recovery of damages for injuries to the person ... (f) All actions for the recovery of damages for any other injuries to the rights of another. ... shall be commenced within three (3) years next after the cause of such action accrued, and not after.

Unless otherwise provided by law, the following actions shall be commenced within the time limits hereinafter prescribed and not afterward: (a) All actions for the recovery of real property; (b) All actions for the recovery of personal property; (c) All actions for the recovery of damages for injuries to the person, or for the wrongful death of a person; (d) All actions for the recovery of damages for the wrongful taking or detention of property; ... shall be commenced within three (3) years next after the cause of such action accrued, and not after.

(d) All actions for the recovery of damages for the wrongful taking or detention of property; ... (f) All actions for the recovery of damages for any other injuries to the rights of another. ... shall be commenced within three (3) years next after the cause of such action accrued, and not after.

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 ...

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

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.

(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.

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.

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.

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.

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-

An action for breach of any contract for sale must be commenced within six 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.

Unless otherwise provided by law, the following actions shall be commenced within the time limits hereinafter prescribed and not afterward: (a) All actions for the recovery of real property; (b) All actions for the recovery of personal property; (c) All actions for the recovery of damages for injuries to the person, or for the wrongful death of a person; (d) All actions for the recovery of damages for the wrongful taking or detention of property; (e) All actions upon contracts; (f) All actions for the recovery of damages for any other injuries to the rights of another.

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.

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).

Medical malpractice: for any claim accruing on or after July 1, 1998, no claim in tort may be brought against a licensed physician, osteopath, dentist, hospital, 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, with a seven (7) year statute of repose.

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.

Statute of Limitations for Medical Malpractice in Mississippi

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