MS HB1054

Extends the statute of limitations for medical malpractice claims accruing before June 30, 1998 from two (2) years to five (5) years from when the alleged act, omission, or neglect was or should have been discovered.

Maintains a five (5) year discovery period for claims accruing on or after July 1, 1998, with an absolute cap of seven (7) years from when the alleged act, omission, or neglect occurred, except for foreign objects left in patients' bodies or fraudulently concealed claims.

Permits minors six (6) years of age or younger to file suit within two (2) years after reaching their sixth birthday, and allows minors without parents or legal guardians to file within two (2) years after obtaining a parent or legal guardian.

Creates penalties for attorneys who deliberately allow the statute of limitations to expire in medical malpractice cases: disbarment, reimbursement of all fees and costs to the client, civil liability for damages, and criminal penalty of up to one (1) year in jail or a fine not to exceed $5,000.

Effective date: July 1, 2013.