Years of education, hospital training, and apprenticeship provide a level of preparation for medical professionals that is higher than that in most other fields. That is why it is expected that they treat patients with a high standard of quality and success. When they do not, all states have laws allowing those injured by the negligence of medical professionals to file a lawsuit to recover damages.
Nevada, like all other states, has statute of limitations laws, which govern the time limit victims have to file their medical malpractice suits. While those statutes vary by state, most have a general limit that includes exceptions groups or conditions. In Nevada, the general statute of limitations is 3 years.
Time Limits for Filing a Claim
While the Nevada statute of limitations is 3 years, if the injury caused by medical malpractice is not immediately discovered, suit must be filed within 1 year of the date it was discovered, or it reasonably should have been discovered. The statute of limitations for a wrongful death suit caused by medical malpractice is 2 years from the date of death. If a minor child suffers an injury due to negligence of the healthcare provider, the parents have the 3-year statute of limitations within which to file a claim. However, if brain damage or birth defects result from the negligence, the family has until the 10th birthday of the minor child to file a claim. If the minor child becomes sterile because of the medical malpractice, suit must be filed within 2 years of the date of the injury.
Negligence Laws
Along with the statute of limitations laws, Nevada has additional negligence laws, which apply to medical malpractice suits, including the requirement that the plaintiff file an affidavit given by a medical expert practicing in the same area as the defendant or have their medical malpractice suit dismissed. In addition, Nevada limits the amount of attorney’s fees to 40% of the first $50,000 in damages, 33% of the next $50,000, 25% of the next $500,000, and 15% of any damages over the amount of $600,000. The state also mandates that all parties and their representatives participate in a settlement conference with a district judge who is not presiding in the case prior to the beginning of court proceedings. Finally, the judge may order periodic payments of economic damages if the plaintiff requests it. For additional negligence laws, please review the chart below.
|
Code Section |
41.141 |
|
Comparative Negligence |
None |
|
Contributory Negligence-Limit to Plaintiff's Recovery |
When the negligence of a plaintiff is greater than that of the defendant, no damages are awarded. In all other cases, damages are proportionate to the percentage of fault. |
|
Contribution Among Tortfeasors |
Yes; §§17.225 to 17.305 |
|
Uniform Act |
17.225 to 17.305 |
Award Limits in Nevada
In accordance with tort reform laws, Nevada puts a cap on non-economic damages of $350,000, with no exceptions for any reason. Punitive damages may only be awarded if the court determines that there was malice involved in the medical malpractice injury, and then the punitive damages are limited to $300,000 in cases where the total compensatory damages are less than $100,000. Those damages are 3 times the compensatory damages in cases of $100,000 or more.
Legal Help
Clearly, states are fighting the tort awards that, in some cases, have gotten out of control. That can influence whether or not a judge awards even the appropriate damages in some medical malpractice suits. With the help of an experienced legal negotiator the judge can be made aware of the needs of the plaintiff and determine the correct amount of damages to award in a winning case.
