Mississippi Supreme Court

Joel Phillip McNinch, Jr., by and through Cheryl Hutson McNinch

June 27, 2024

Summary

The Mississippi Supreme Court held that the discovery rule tolled the two‑year medical‑malpractice statute of limitations until the plaintiff obtained the decedent’s medical records, making the wrongful‑death complaint timely. Accordingly, the trial court’s grant of summary judgment was erroneous, and the case was reversed and remanded for further proceedings.