Legal Opinion

Rosie Moore v. Jackson Cardiology Associates, P. A.

Court of Appeals of Mississippi

Decided December 1, 2015No. 2014-CA-01382-COAPublished

1Opinion of the Court

MAXWELL, J.,

for the Court:

¶ Í. While many negligence-based tort claims have a three-year statute of limitations, a claim based on medical negligence has to be filed, within two years. Miss.Code Ann. § 15-1-36(2) (Rev.2012). Rosie Moore sued Jackson Cardiology Associates for injuries she sustained when she fell off a treadmill at its facility. She argues her complaint — filed almost three years after her fall — was timely because she was suing for “ordinary negligence,” not medical malpractice.

¶2. But under section 15-1-36(2), “no claim in tort may be brought ... for injuries or wrongful death…

2Cases cited4 opinions

  1. Smith v. SandersMississippi Supreme Court · 1986
  2. Hubbard v. WansleyMississippi Supreme Court · 2007
  3. Crosthwait v. Southern Health Corp. of Houston, Inc.Mississippi Supreme Court · 2012
  4. Howell v. Garden Park Community HospitalCourt of Appeals of Mississippi · 2008

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