Nevada Medical Malpractice Laws & Statute of Limitations

If you’ve been harmed by sub-standard medical care in Nevada, you might be thinking about filing a medical malpractice lawsuit. As you weigh your options, it can be helpful to understand some key state laws that are likely to affect your case, including:

• the time limits for filing a medical malpractice lawsuit in Nevada
• Nevada's “affidavit of merit” requirement, and
• the state’s cap on medical malpractice damages.

Time Limits for Filing a Medical Malpractice Lawsuit in Nevada

All states have laws called “statutes of limitations” that set deadlines for filing lawsuits in the civil court system. There are different time limits for different types of cases, but these deadlines are always strictly enforced.

Nevada, like most states, has a specific statute of limitations that applies to medical malpractice cases. This law says:

• For medical malpractice injury or death occurring before October 1, 2023: A lawsuit must be filed within three years of the date the injury occurred or within one year of the date the injury was discovered (or should have been discovered “through the use of reasonable diligence”), whichever is sooner.
• For medical malpractice injury or death occurring on or after October 1, 2023: A lawsuit must be filed within three years of the date the injury occurred or within two years of the date the injury was discovered (or should have been discovered “through the use of reasonable diligence”), whichever is sooner.

(Nev. Rev. Stat. § 41A.097 (2024).)

A Health Care Provider's "Concealment" Can Pause Nevada's Medical Malpractice Statute of Limitations "Clock"

Nevada law effectively extends the statute of limitations filing period if the health care provider has “concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known” to the health care provider. The limitations period is “tolled” (or paused) for as long as the concealment lasts.

What If I Miss the Medical Malpractice Lawsuit-Filing Deadline?

In Nevada, as in every state, if you try to file your medical malpractice lawsuit after the statute of limitations time limit has passed:

• the doctor or other health care provider you’re trying to sue will almost certainly ask the court to dismiss the case, and
• the court is nearly sure to grant to dismissal (unless some rare exception applies to change the deadline).

That’s why it’s so important to understand—and comply with—the statute of limitations as it applies to your case.

The Affidavit of Merit Requirement in Nevada Medical Malpractice Lawsuits

As part of efforts at tort reform, many states—including Nevada—have passed laws requiring medical malpractice plaintiffs to jump through specific procedural hoops when starting their cases.

Nevada law requires an affidavit of merit to be filed alongside a medical malpractice complaint (the court filing that gets the lawsuit started). The affidavit must be submitted by an expert medical witness who practices in a “substantially similar” area of medicine as the defendant health care provider, and it must:

• support the allegations made in the lawsuit
• identify each health care provider named in the lawsuit, and
• set out the facts of each instance of alleged medical negligence in “simple, concise, and direct terms.”

If an affidavit of merit doesn't meet the above requirements—or if it isn't filed with the complaint at all—the court will dismiss the lawsuit. But the dismissal will be “without prejudice,” meaning that the plaintiff has the opportunity to correct the errors, refile a proper affidavit of merit, and move forward with their medical malpractice case.

(Nev. Rev. Stat. § 41A.071 (2024).)

Nevada’s Cap on Damages in Medical Malpractice Cases

Also as part of tort-reform efforts, many states have laws on the books that cap (or limit) the amount of compensation ("damages") a successful medical malpractice plaintiff can receive.

Nevada law currently caps noneconomic damages in medical malpractice cases at $430,000. That is the maximum amount the plaintiff may receive as compensation for noneconomic losses, regardless of the number of defendants in the case. (Nevada's cap on noneconomic damages will be raised by $80,000 annually on January 1 of every year, through 2028; then, starting on January 1, 2029, the figure will be increased by 2.1 percent annually.)

Noneconomic damages are meant to compensate the plaintiff for the negative effects of medical malpractice that are more subjective and not easily calculable. In Nevada, they can include damages for pain and suffering, inconvenience, physical impairment, disfigurement, and similar losses stemming from the malpractice.

Keep in mind that Nevada has no cap on economic damages resulting from medical malpractice, so a plaintiff can recover the full amount for losses like the cost of medical treatment (past and ongoing), “care or custody,” lost income, and reduced earning capacity.

(Nev. Rev. Stat. §§ 41A.007, 41A.011, 41A.035 (2024).)

Next Steps After a Nevada Medical Error

Any medical malpractice case is a complex undertaking, from the legal standards used to evaluate a doctor's actions, to the procedures that must be followed in order to bring a lawsuit to court. If you think you might have a valid malpractice case against a health care provider, it might make sense to discuss your situation with an experienced Nevada lawyer. Learn more about meeting and working with a medical malpractice lawyer.