Nevada Medical Malpractice: Laws, Claims and Damages

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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Medical malpractice, or “med mal” for short, is available in Nevada as a legal cause of action when a health care professional negligently injures a patient. The health care professional is considered medically negligent when they have treated the patient with a substandard level of care, resulting in injury to the patient. Medical malpractice law allows the patient to file a suit for medical malpractice against the health care professional to recover from any injuries they have negligently caused. In Nevada, medical negligence can include many different actions or omissions, such as:

  1. Incorrect treatment or a failure to treat when necessary;
  2. Incorrect diagnosis (most commonly seen with heart attacks or cancer) or a failure to diagnose;
  3. Mistakes in prescribing or filling medicine;
  4. Birth injuries.

A Nevada medical malpractice attorney can be a very useful resource when you believe that you have been injured by a health care professional.

Who Can Be Sued in a Nevada Medical Malpractice Case?

In Nevada, any health care professional can be sued for medical malpractice. A health care professional (or health care “provider”) is any individual or entity that is licensed or otherwise authorized to perform medical treatment or services on patients. This can include a broad array of individuals and organizations, such as specialists, physicians, nurses, dentists, hospitals, clinics, medical groups, assisted living centers, and midwives. If you think that a health care professional has injured you negligently, you should contact a medical malpractice lawyer to confirm that a medical malpractice suit can be filed.

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Nevada Medical Malpractice Statute of Limitations

Nevada, like all other states, has only a limited period of time in which plaintiffs can bring a medical malpractice claim. This period of time is called the statute of limitations. A patient must bring a claim for medical malpractice within either two years of the date the injury was, or reasonably should have been, discovered, or within four years of the negligent act itself, whichever is earlier. However, there are special exceptions for an injured minor under the age of ten: if the injury involves birth defects or brain damage, the minor’s parent or guardian has until the minor’s tenth birthday to bring a medical malpractice claim in Nevada.

Because the timing involved in these statutes of limitations can become unclear in certain situations, and a failure to bring a claim within the statute of limitations will cause you to lose your claim forever, a Nevada medical malpractice attorney should be contacted as soon as you believe that you have been injured.

Caps on Medical Malpractice Claims in Nevada

In Nevada, a patient can recover economic, noneconomic, and sometimes punitive damages from a medically negligent health care professional. Economic damages are made up of any financial losses incurred, and have no limit. Noneconomic damages include all of the losses that are tough to measure financially – such as disfigurement and loss of consortium. Nevada limits these damages to $350,000 per plaintiff. When a health care professional acts with malice or an intent to harm the patient, a Nevada court will consider awarding the patient punitive damages in order to punish the health care professional. However, the maximum that a plaintiff can recover in punitive damages is either $300,000 or three times the amount of the economic and noneconomic damages combined, whichever is lower. In order to determine the damages for your own case, consult an experienced Nevada medical malpractice lawyer.

Filing a Nevada Medical Malpractice Claim

If you believe that you have been negligently injured by a health care professional in Nevada, you should immediately contact a medical malpractice attorney. Med mal cases can quickly become complex and expensive to negotiate or litigate. In order to prove the health care professional acted below the industry standard of care, expert witnesses must be hired to testify and depositions must be taken. Further, there may be numerous deadlines and court appearances involved, and a simple procedural mistake along the way could be detrimental to your claim.

It’s also important to know that the defendant health care professional, in addition to any other defendants added in the lawsuit, will have many experienced medical malpractice insurance attorneys building a strong case on their side. These attorneys have been specially trained to defend medical malpractice lawsuits. Having an experienced Nevada medical malpractice attorney on your side is a virtual necessity to ensure that the playing field will be leveled. Contact a Nevada med mal attorney today to preserve your rights and assure yourself the highest possible recovery for your injuries.

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Nevada Medical Malpractice Laws

Nevada Medical Malpractice

  1. Nevada Revised Statutes: Actions for Medical or Dental Malpractice: “Provider of health care” defined: Chp. 41A, §17.
  2. Nevada Revised Statutes: Actions for Medical or Dental Malpractice: Limitations of actions; tolling of limitation: Chp. 41A, §97.
  3. Nevada Revised Statutes: Actions for Medical or Dental Malpractice: Limitation on amount of award for noneconomic damages: Chp. 41A, §35.

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