Nevada Malpractice Claims: Don’t Miss the Filing Deadline

In Nevada, if you’ve been a victim of medical negligence, time is of the essence. Missing the deadline to file a medical malpractice claim can mean losing your right to seek compensation for your injuries, lost wages, and pain and suffering. In 2023, Nevada patients gained more time to file a lawsuit, but it is still critical to understand the state’s statute of limitations and how it applies to your specific situation. Did you know that Nevada law requires you to submit an affidavit of merit with your claim, signed by a medical expert? This blog post will explain the deadlines, the exceptions, and what you need to do to protect your rights.

Understanding Medical Malpractice in Nevada

Medical malpractice occurs when a healthcare provider’s negligence results in harm to a patient. In Nevada, this is legally defined as “the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances” (NRS 41A.009). Examples of medical malpractice include:

Misdiagnosis or delayed diagnosis: Failure to diagnose an illness or making the wrong diagnosis, leading to harmful delays in treatment.
Surgical errors: Performing surgery on the wrong body part, leaving surgical tools inside a patient, or making critical mistakes during an operation.
Medication errors: Prescribing the wrong medication or dosage, leading to severe reactions or complications.
Anesthesia errors: Mistakes in administering anesthesia, causing harm to the patient.
Birth injuries: Negligence during childbirth, resulting in injuries to the mother or child.

To pursue a medical malpractice claim, you must prove that the healthcare provider’s negligence directly caused your injuries. This involves demonstrating that the provider breached the standard of care and that this breach resulted in damages.

Nevada’s Statute of Limitations: Key Deadlines

The statute of limitations sets a strict deadline for filing a medical malpractice lawsuit. In Nevada, the rules vary depending on when the malpractice occurred.

For injuries or wrongful death occurring before October 1, 2023:

You must file a lawsuit within three years from the date of the injury or one year from the date you discovered (or should have discovered) the injury, whichever comes first.

For injuries or wrongful death occurring on or after October 1, 2023:

You have three years from the date of the injury or two years from the date you discovered (or reasonably should have discovered) the injury, whichever comes first.

Why the Change?

Assembly Bill 404, signed into law in June 2023, amended Nevada Revised Statute (NRS) 41A.097 to extend the discovery period for filing medical malpractice claims. This change acknowledges that some injuries aren’t immediately apparent, giving patients more time to recognize and act upon potential negligence.

What does “Discovery of the Injury” Mean?

The “discovery rule” is crucial. It recognizes that some malpractice injuries aren’t immediately obvious. The statute of limitations doesn’t start running until you know, or reasonably should have known, about the injury caused by negligence.

Example: A surgeon leaves a foreign object inside your body during surgery, but you don’t experience symptoms until two years later. Under the “discovery rule,” your statute of limitations would begin when you discovered the object, not the date of the surgery.

Exceptions to the Rule

While the statute of limitations seems straightforward, there are exceptions:

Minors: If the injured person was under 18 at the time of the malpractice, the statute of limitations may be tolled (paused) until they reach adulthood.
Fraudulent Concealment: If the healthcare provider actively concealed the malpractice, the statute of limitations may be extended.
Mental Incapacity: If the injured person is mentally incapacitated and unable to manage their legal affairs, the statute of limitations may be tolled.

The Affidavit of Merit Requirement

Nevada law requires you to file an “affidavit of merit” along with your medical malpractice complaint (NRS 41A.071). This affidavit must be signed by a qualified medical expert who states that there are reasonable grounds to believe that medical negligence occurred. The expert must believe that the applicable standard of care was breached and that this breach directly caused your injury.

Why is this important? The affidavit of merit requirement is designed to prevent frivolous lawsuits and ensure that only legitimate claims proceed. It forces you to have your case reviewed by a medical expert early in the process.

Damages Caps in Nevada Medical Malpractice Cases

Nevada law places a cap on non-economic damages in medical malpractice cases. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.

As of 2025, the cap on non-economic damages is $510,000.

This cap increases by $80,000 each year until it reaches $750,000 in 2028. Starting in 2029, the cap will increase by a flat rate of 2.1% per year.

Important Note: There is no cap on economic damages, which include medical expenses, lost wages, and future earning capacity.

Steps to Take If You Suspect Medical Malpractice

Seek Immediate Medical Attention: Your health is the top priority. Get a second opinion and seek additional treatment if necessary.
Document Everything: Keep detailed records of your medical treatment, including appointments, prescriptions, and communications with healthcare providers.
Consult with a Nevada Medical Malpractice Lawyer: An experienced attorney can evaluate your case, explain your rights, and guide you through the legal process.
Obtain Medical Records: Your attorney will need access to your medical records to investigate your claim.
File an Affidavit of Merit: Your attorney will help you obtain an affidavit of merit from a qualified medical expert.

Why You Need a Medical Malpractice Attorney

Medical malpractice cases are complex and require specialized knowledge of Nevada law and medical procedures. An experienced attorney can:

Investigate your claim and gather evidence to support your case.
Consult with medical experts to establish the standard of care and prove negligence.
Negotiate with insurance companies to reach a fair settlement.
Represent you in court if a settlement cannot be reached.
Ensure that you meet all deadlines and comply with Nevada law.

Don’t Miss Your Deadline

The statute of limitations is a critical aspect of Nevada medical malpractice law. Missing the deadline to file a claim can have devastating consequences. If you believe you’ve been a victim of medical negligence, don’t delay. Contact a qualified Nevada medical malpractice attorney today to protect your rights and explore your legal options.