Medical Claim Generally:
A medical malpractice lawsuit must be filed within two (2) years of the date the injured party discovered (or should have discovered) their injury. However, it also includes an alternative deadline: the lawsuit must be filed within three (3) years of the date the medical provider caused the injury. Whichever deadline comes sooner applies. [NRS 11.190]
The statute of limitations for a minor to file a medical malpractice claim begins running at the age of 18. [NRS 11.400]
A wrongful death claim must be filed within two years of the date of death [NRS 11.410]
“In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed , $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based. The maximum amount of noneconomic damages set forth in subsection 1 must be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000.” [NRS 41A.035]
The contingency fee cap for medical malpractice cases is 35% of the amount recovered. This cap applies to all medical malpractice cases that accrued on or after October 1, 2023. AB 404
Nevada generally requires an affidavit of merit [NRS 41A.071]
An expert must be one “who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence” [NRS 41A.071]
Nevada does not seem to recognize negligent credentialing. There are no definitive rulings on this cause of action.
