Medical Malpractice Rules in Nevada
The deadline to file a medical malpractice claim in Nevada, the discovery rule, and caps on damages.
Short answer: For injuries or deaths occurring on or after October 1, 2023: within 3 years after the date of injury or 2 years after the patient discovers or reasonably should have discovered the injury, whichever comes first. NRS 41A.097
| Medical malpractice deadline | For injuries or deaths occurring on or after October 1, 2023: within 3 years after the date of injury or 2 years after the patient discovers or reasonably should have discovered the injury, whichever comes first. (For injuries from October 1, 2002 to September 30, 2023, the discovery period was 1 year.) The time is paused while the provider conceals information. Source: NRS 41A.097 |
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| Medical malpractice caps | Yes. Noneconomic damages against a health care provider for professional negligence may not exceed the statutory cap, regardless of the number of plaintiffs, defendants or theories. The cap was $350,000 and increases by $80,000 every January 1 from 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% a year from 2029. The Nevada Supreme Court publishes the yearly amounts on its website. Defendants are liable only for their own percentage share. Source: NRS 41A.035, 41A.045 |
More Nevada personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Nevada
- Wrongful Death Lawsuits in Nevada
- Car Accident Claims in Nevada
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- Motorcycle Accident Claims in Nevada
- Pedestrian Accident Claims in Nevada
- Bicycle Accident Claims in Nevada
- Uber and Lyft Accident Claims in Nevada
- Truck Accident Claims in Nevada
- Construction Site Injuries in Nevada
- All Nevada personal injury & wrongful death rules
FAQ
What is the statute of limitations for medical malpractice in Nevada?
For injuries or deaths occurring on or after October 1, 2023: within 3 years after the date of injury or 2 years after the patient discovers or reasonably should have discovered the injury, whichever comes first. (For injuries from October 1, 2002 to September 30, 2023, the discovery period was 1 year.) The time is paused while the provider conceals information.
Is there a cap on medical malpractice damages in Nevada?
Yes. Noneconomic damages against a health care provider for professional negligence may not exceed the statutory cap, regardless of the number of plaintiffs, defendants or theories. The cap was $350,000 and increases by $80,000 every January 1 from 2024 until it reaches $750,000 on January 1, 2028, then by 2.1% a year from 2029. The Nevada Supreme Court publishes the yearly amounts on its website. Defendants are liable only for their own percentage share.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.