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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
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
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:
Child injuries commonly stem from:
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 in Nevada, you must prove the following five elements by a preponderance of the evidence:
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.
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.
Ten common examples of medical malpractice are:
The third leading cause of death in the U.S. stems from medical errors.7
There is no limit to the amount of economic damages you can recover for medical malpractice in Nevada. This includes compensation for
Note that the pain and suffering damages cap for Nevada medical malpractice cases increases with each year:
|Year||Medical negligence damage cap in Nevada|
Starting in 2029, the cap will increase by 2.1% annually.8
Possibly. Liability waivers should not bar lawsuits under Nevada medical malpractice law if either:
Our experienced Las Vegas medical malpractice attorneys practice throughout the state of Nevada.
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.