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Nevada’s statute of limitations to file a medical malpractice claim is either three years from the date the medical provider caused the injury, or one year after the injury is discovered or should have been discovered – whichever happens first. So if a patient does not realize she is injured until after three years have passed since the operation, then it is too late to file suit.1
Yes, the three-year SOL pauses for as long as the doctor (or other health care provider) knowingly conceals his/her malpractice which caused the injury. Tolling of the SOL is only fair as long as the victim is unable to discover the provider’s mistakes because of the provider’s own concealment.2
A child’s parents or guardians are subject to the same three-year statute of limitations as adult victims. But there are two exceptions:
In Nevada, medical malpractice is called professional negligence. It comprises:
[T]he failure of a provider of health care … to use the reasonable care, skill or knowledge … used under similar circumstances by similarly trained and experienced providers…4
To win a medical malpractice claim, plaintiffs must prove the following five elements by a preponderance of the evidence:
The hardest element to prove is that the defendant’s breach caused the plaintiff’s injury. Plaintiffs usually have to submit an affidavit of a medical expert in the same or similar field as the defendant. The affiant has to declare that the injury resulted from the defendant’s negligence and was not a natural result of the victim’s prior maladies.
Five common examples of medical malpractice are:
There is no limit to the amount of economic damages plaintiffs can recover. This includes compensation for
Possibly. Liability waivers should not bar lawsuits under Nevada medical malpractice law if either:
Our personal injury lawyers create attorney-client relationships throughout the state of Nevada. We fight to recover the largest possible settlement in medical malpractice lawsuits. Our experienced Las Vegas medical malpractice attorneys offer free consultations on your legal claims.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.