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    What is the statute of limitations for medical malpractice in Nevada?

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    What is the statute of limitations for medical malpractice in Nevada?

    For injuries that occur on or after October 1, 2023, the statute of limitations to bring a medical malpractice claim in Nevada is two (2) years from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury – whichever is sooner.

    For injuries that occurred from October 1, 2002 to October 1, 2023, the statute of limitations is one (1) year from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury – whichever is sooner.

    If you do not file your claim within this time window, you will lose your right to bring a lawsuit altogether.1

    Can the statute of limitations be tolled for medical malpractice?

    Yes, the three-year SOL pauses for as long as the doctor (or other health care provider) knowingly conceals the malpractice that caused your injury. Tolling of the SOL is fair for as long as you are unable to discover the provider’s mistakes because of their own concealment.

    The statute of limitations can also be tolled if there are extenuating circumstances. For example during COVID-19, the deadline to file medical malpractice cases in Nevada was tolled 30 days while the “state of emergency” was ongoing.2

    What if the medical malpractice victim is a child?

    A child’s parents or guardians are subject to the same two-or-three-year statute of limitations as adult victims. Though there are two exceptions in medical malpractice cases:

    • If the injury involves brain damage or a birth defect, the SOL is until the child is 10 years old; and
    • If the injury caused the child to suffer sterility, the time limit to sue is two years after the child discovers the injury.3

    Child injuries commonly stem from:

    • improper cesarean sections
    • failure to detect fetal distress
    • substandard prenatal treatment
    • unnecessary use of forceps
    • other mishandling of the baby

    What is medical malpractice?

    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
    If you suspect your doctor is negligent, consult another provider and contact an attorney right away.

    Elements of a claim

    To win a medical malpractice claim in Nevada, you must prove the following five elements by a preponderance of the evidence:

    1. The defendant (physician, surgeon, nurse, pharmacist, or other medical professional) owed you a duty to exercise due care;
    2. The defendant had a heightened duty to use such skill, prudence, diligence, and a standard of care as other members of the profession commonly possess and exercise;
    3. The defendant breached this duty of care;
    4. This breach injured you; and
    5. The injury resulted in damages.5

    The hardest element to prove is that the defendant’s breach caused your injury.

    From our Nevada personal injury attorneys’ vast experience litigating medical malpractice claims, we found that it is helpful for you to save all your medical records and to document everything that happened to the best of your recollection, including recording your physical and mental health. Your doctor may try to go back and change the medical records to protect themselves, and we want to catch any discrepancies.

    Affidavit of merit

    When you file your claim, you usually have to submit an affidavit of merit by a medical expert in the same or similar field as the defendant. The expert has to declare that your injury resulted from the defendant’s negligence and was not a natural result of your prior maladies.6

    If you do not file your affidavit of merit within the statute of limitations, the court will likely grant the provider’s motion to dismiss your case.

    Examples

    Ten common examples of medical malpractice are:

    1. Failure to get informed consent from you for a medical procedure
    2. Failure to refer you to a specialist when necessary
    3. Failure to take into account your medical history
    4. Failure to detect symptoms or misdiagnosing you
    5. Failure to provide medical treatment for a disease or complications
    6. Prematurely discharging you from the hospital or a therapy
    7. Prescription errors, such as failure to give the right medicine or dosage, making a mistake with the script, or failure to recognize drug interactions
    8. Failure to order medical tests, losing the results, misinterpreting the lab results, or not following up after the tests
    9. Surgical errors, such as operating on the wrong patient or the wrong organ, failing to give adequate anesthesia, leaving surgical tools inside you, or not adhering to other necessary medical procedures
    10. Wrongful death during surgery

    The third leading cause of death in the U.S. stems from medical errors.7

    Surgeon looking worried with patient on hospital bed - the statute of limitation for a medical malpractice claim in Nevada is generally 3 years

    The purpose of statutes of limitations is to encourage prompt litigation while evidence is still available and memories are still fresh.

    How much money can I recover?

    There is no limit to the amount of economic damages you can recover for medical malpractice in Nevada. This includes compensation for

    • Medical bills, such as hospital visits, home health care, rehab, and medication,
    • Lost wages from being too injured to be employed,
    • Loss of future earnings from being too injured to be employed in the future, and
    • Other out-of-pocket costs

    Though non-economic damages – such as pain and suffering – are capped at $350,000 as of 2023. No personal injury attorney can recover more than that.

    Note that the pain and suffering damages cap for Nevada medical malpractice cases increases with each year:

    Year Medical negligence damage cap in Nevada
    2023 $350,000
    2024 $430,000
    2025 $510,000
    2026 $590,000
    2027 $670,000
    2028 $750,000

    Starting in 2029, the cap will increase by 2.1% annually.8

    Can I still sue if I signed a liability waiver?

    Possibly. Liability waivers should not bar lawsuits under Nevada medical malpractice law if either:

    • You were not of sound mind at the time of signing it;
    • You did not sign the waiver willingly; and/or
    • Your injuries fall outside the scope of what was disclosed in the liability form.9

     Our experienced Las Vegas medical malpractice attorneys practice throughout the state of Nevada.

    Legal References

    1. Nevada Revised Statutes 41A.097. This statute applies to injuries that occur on or after 2002. AB 404 (2023).
    2. Same. Declaration of Emergency, Directive 009 Revised, State of Nevada.
    3. See note 1.
    4. NRS 41A.015; NRS 41A.017.
    5. Perez v. Las Vegas Medical Ctr., (Nevada Supreme Court, 1991) 107 Nev. 1, 805 P.2d 589; Washoe Med. Ctr. v. Second Judicial Dist. Court, (2006) 122 Nev. 1298, 148 P.3d 790.
    6. NRS 41A.017.
    7. Study Suggests Medical Errors Now Third Leading Cause of Death in the U.S., Johns Hopkins Medicine (May 3, 2016).
    8. NRS 41A.035; NRS 41A.011. AB 404 (2023).
    9. See, for example, Hansen v. Universal Health Servs., Inc., (1999) 115 Nev. 24, 974 P.2d 1158.

    About the Author

    Author Avatar

    Neil Shouse

    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, 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.

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