applicability of the discovery rule in Mississippi

6 Mississippi opinions name it 2 courts 2001–2020 0 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

Case	Followed	Cited
Musculoskeletal Institute v. Parhamgreen fla · 1999 · cited in 2 Mississippi opinions naming this issue, 2006–2008 2 sentences 2008See Annotated Laws of Massachusetts, ALM GL ch. 260, § 4 (2007) 160 (three-year statute of limitations and seven-year statute of repose); Official Code of Georgia Annotated, O.C.G.A. § 9-3-71 (two-year statute of limitations and five-year statute of repose); Musculoskeletal Institute v. Parham, 745 So.2d 946, 951 (Fla.1999) (Florida Statute Section 95.11(4)(b) provides a two-year statute of limitations, four-year statute of repose, and then seven-year statute of repose where fraud, concealment or intentional misrepresentation of fact prevented discovery of the injury within the four-year peri 2006*See Annotated Laws of Massachusetts, ALM GL ch. 260, § 4 (2007) (three-year statute of limitations and seven-year statute of repose); Official Code of Georgia Annotated, O.C.G.A. § 9-3-71 (two-year statute of limitations and five-year statute of repose); Musculoskeletal Institute v. Parham, 745 So. 2d 946, 951 (Fla. 1999) (Florida Statute Section 95.11(4)(b) provides a two-year statute of limitations, four-year statute of repose, and then seven-year statute of repose where fraud, concealment or intentional misrepresentation of fact prevented discovery of the injury within the four-year period)	2	2
Gentry v. Wallacegreen miss · 1992 · cited in 1 Mississippi opinions naming this issue, 2001–2001 1 sentence 2001This Court concluded that "the limitations period does not begin to run until the heir knows or should reasonably know about the medical negligence which caused the death." Id. (quoting Gentry v. Wallace, 606 So.2d 1117, 1119 (Miss. 1992)) (emphasis added).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (4)

Case	Cited	Years
Anderson v. Wagner green ill · 1979 2 sentences 2008See Annotated Laws of Massachusetts, ALM GL ch. 260, § 4 (2007) 160 (three-year statute of limitations and seven-year statute of repose); Official Code of Georgia Annotated, O.C.G.A. § 9-3-71 (two-year statute of limitations and five-year statute of repose); Musculoskeletal Institute v. Parham, 745 So.2d 946, 951 (Fla.1999) (Florida Statute Section 95.11(4)(b) provides a two-year statute of limitations, four-year statute of repose, and then seven-year statute of repose where fraud, concealment or intentional misrepresentation of fact prevented discovery of the injury within the four-year peri 2008See Annotated Laws of Massachusetts, ALM GL ch. 260, § 4 (2007) 160 (three-year statute of limitations and seven-year statute of repose); Official Code of Georgia Annotated, O.C.G.A. § 9-3-71 (two-year statute of limitations and five-year statute of repose); Musculoskeletal Institute v. Parham, 745 So.2d 946, 951 (Fla.1999) (Florida Statute Section 95.11(4)(b) provides a two-year statute of limitations, four-year statute of repose, and then seven-year statute of repose where fraud, concealment or intentional misrepresentation of fact prevented discovery of the injury within the four-year peri	2	2006–2008
Wright v. Quesnel green miss · 2004 2 sentences 2007Wright v. Quesnel, 876 So.2d 362 (Miss.2004); Wayne Gen. 2007Wright v. Quesnel , 876 So.2d 362 (Miss. 2004); Wayne Gen.	2	2005–2007
Charlie Raddin v. Manchester Educational Foundation, Inc. green miss · 2015 1 sentence 2020Id. at (¶9) (citing Miss.	1	2020–2020
Sweeney v. Preston green miss · 1994 2 sentences 2001In Sweeney we addressed the applicability of the discovery rule as applied to instances of death. 642 So.2d at 335 . 2001This Court concluded that "the limitations period does not begin to run until the heir knows or should reasonably know about the medical negligence which caused the death." Id. (quoting Gentry v. Wallace, 606 So.2d 1117, 1119 (Miss. 1992)) (emphasis added).	1	2001–2001

Statutes the citing opinions construe

MS § Miss. Code Ann. § 11-46-11 (6) MS § Miss. Code Ann. § 11-46-1 (4) MS § Miss. Code Ann. § 11-46-7 (4) MS § Miss. Code Ann. § 15-1-36 (4) MS § Miss. Code Ann. § 15-1-49 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 60 (1977–2026) IL 22 (1970–2022) PA 15 (1980–2025) UT 15 (2004–2018) WA 7 (1969–2018) NH 6 (1983–2019) MS 6 (2001–2020) MD 6 (1978–2016) OH 6 (1983–2023) TN 5 (2001–2020) AK 4 (1984–1991) NJ 3 (1976–2010) IA 3 (1979–1998) WV 3 (1997–2018) OR 2 (1994–2013) IN 2 (2003–2016) NE 2 (1998–2005) OK 2 (2016–2016) ND 2 (2010–2023) NM 2 (1998–1998) CA 2 (1977–1991) RI 2 (1992–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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