Nevada’s Medical Malpractice Laws

When you need medical treatment, you put your trust in the hands of a trained medical professional. When that trust is not fulfilled due to the negligence of an individual or facility, you may be facing the need for a medical malpractice suit on top of your illness or injury. Learn about where to turn and what to do in the case of medical malpractice.

Defining medical malpractice

Medical malpractice is a specific subset of personal injury law that is based on negligence and its subsequent injuries. Medical malpractice is unlike other personal injury cases because it is based on professional standards for trained medical service providers. Moreover, medical malpractice claims take into consideration what the medical professionals should know and do in any given situation within their medical practice as a reasonable physician. 

In more simple terms, medical malpractice occurs if the action or lack of action on behalf of the medical provider, whether a physician or other medical professional, injures a patient. The following situations are commonly the causes of a medical malpractice lawsuit: 

• Prescription drug errors
• Childbirth injuries
• Retained foreign objects
• Failure to treat
• Surgery errors
• Medical misdiagnosis or delayed diagnoses
• Hospital-related infections
• Anesthesia errors

Regardless of the cause of the medical malpractice claim, there are many different types of injury that can result from a medical professional’s negligence, many of which can range from minor injuries to permanent disability or wrongful death of the patient.

AB404 in June 2023 and caps on damages

Nevada has maintained a cap of $350,000 on non-economic damages awarded in medical malpractice cases. In June 2023, Nevada introduced a new law amending this cap. The maximum amount of non-economic damages plaintiffs can seek will increase by $80,000 per year over the next five years until reaching a maximum of $750,000. After this, the maximum non-economic damages will increase by 2.1% annually. The $80,000 annual cap increases begin January 1, 2024. The 2.1% cap increases start January 1, 2029. 

Statute of limitations

If you or a loved one is looking to pursue a medical malpractice lawsuit, it’s important to understand that every case, regardless of the type of law at hand, has a certain time period in which a claim may be filed with the court. This is known as the statute of limitations. If you fail to file your claim within this designated time frame, you will be barred from bringing it altogether. The statute of limitations in Nevada is established in the Nevada Revised Statutes section 41A.097. 

The new law also amends the statute of limitations. Plaintiffs will now have three years from the date of the incident or two years from the date they discovered their injury from malpractice. This doubles the filing time available based on the discovery of the injury. 

Affidavit of merit

For plaintiffs in a Nevada medical malpractice case, it is necessary to file an affidavit of merit prior to filing a lawsuit. An affidavit of merit informs those responsible of the basis for a medical malpractice suit and identifies the negligent parties. If an affidavit is not issued to the necessary defendants, then the court will dismiss the case altogether as a result.

Do you have a medical malpractice claim?

If you have suffered as a result of negligent medical practices, then you likely have a viable medical malpractice claim on your hands. The only way to determine whether you have a potential case is by speaking with a medical malpractice attorney during a free consultation. If you do have a medical malpractice claim, you must be able to satisfy the necessary elements of negligence required for a malpractice case. 

Who can be held responsible?

While doctors may be the first type of profession that comes to mind when thinking of a medical malpractice case, there are many different specialties within the medical profession that may be named a defendant in a medical malpractice case. Possible defendants in a medical malpractice case may include: 

• Chiropractors: People go to chiropractors for a multitude of reasons, including back issues, neck pain, and mobility struggles. However, it is possible for a chiropractor to manipulate the incorrect disc or use too much pressure in their treatment, resulting in an injury to the patient. Their errors would be grounds for a medical malpractice lawsuit.
• Dentists: Like medical doctors, it’s possible for your dentist to fail to diagnose or treat. Dental health is crucial to your overall well-being. Suppose your dentist fails to diagnose severe issues like infected roots or gums. In that case, you could have a legal claim against them.
• Doctors: Medical doctors are liable for following a reasonable expectation of care for their patients on a professional level. Failing to provide this reasonable care could cause serious harm to the patient and establish grounds for a medical malpractice case. 
• EMTs and paramedics: EMTs and paramedics respond to medical emergencies. Their intervention can make the difference between a patient making a full recovery, a patient experiencing long-term side effects, or a patient’s death.
• Nurses: Nurses provide direct care to patients in multiple environments within the medical profession. Nurses are responsible for following the doctor’s orders and alerting your treating physician if they have concerns about your condition. Failure to provide an adequate level of care or administering negligent care that results in a patient being injured may be grounds for a medical malpractice case against a nurse. 
• Pharmacists: Pharmacists prepare prescriptions for patients. In the event your pharmacist administers an incorrect medication or dosage, you may have a valid reason to file a medical malpractice claim should you be able to establish that your pharmacist’s negligence is the cause of your suffering. 
• Physical therapists: Physical therapists help patients with mobility issues and chronic pain. Failing to implement an appropriate treatment plan or disregarding a patient’s diagnosis would be grounds for a medical malpractice suit if these actions caused you harm.
• Surgeons: Examples of surgical medical errors include using the wrong medical devices, removing or repairing the wrong organ, or leaving foreign objects inside the patient. You can bring a lawsuit against a surgeon if their medical errors cause harm.

When to contact a medical malpractice attorney

Regardless of the extent to which you’ve suffered at the hands of a negligent medical professional, it’s important to contact a medical malpractice attorney as soon as possible to ensure you file your claim within the appropriate period of time and can recover the maximum compensation to which you are entitled.

How a medical malpractice attorney can help

A medical malpractice attorney is a fantastic resource to have on your side after suffering from a medical malpractice injury. An experienced medical malpractice attorney can guide you through the legal process from start to finish, allowing you to focus on your recovery and not have to stress over your impending lawsuit. 

After filing your claim and the appropriate pleadings, your medical malpractice attorney will work on collecting evidence to build your legal argument against the negligent medical professional. An experienced attorney will know how to best navigate this discovery process and will ensure that no stones are left unturned in finding strong evidence to back up your case. 

Once the discovery process has closed and all the evidence has been collected, a good attorney will be able to guide you through the settlement discussions and be able to zealously represent you during any court hearings and settlement meetings that may be scheduled. 

Since most cases never make it to trial and result in a settlement, your malpractice lawyer will work toward reaching the best settlement in your favor to ensure that you receive the maximum compensation possible for your injuries. If your case doesn’t settle, then your attorney must move on to preparing for trial, where they will aggressively represent you and present your case in front of a judge and jury.

Regardless of what your case specifically requires, having an experienced medical malpractice lawyer is essential to eliminating the unnecessary stress that comes with a lawsuit and will increase your likelihood of seeing favorable results.

Nevada’s best medical malpractice lawyers: Adam S. Kutner, Injury Attorneys

If you’re looking for the best medical malpractice attorneys in Las Vegas, our skilled legal team at Adam S. Kutner, Injury Attorneys, has years of experience and thousands of happy clients, making us well-versed in evaluating your case to determine what actions should be taken and what claims you can make. 

Our medical malpractice attorneys can guide you in gathering evidence and building arguments to ensure we win your case.

Sources: 

Goguen, D. (2023). Nevada Medical Malpractice Laws.

Medical Malpractice. (2023).

Mueller, T., et al. (2023). Health care providers, trial lawyers reach deal to raise medical malpractice damages cap.

NRS 41A.

Wrongful Death Claims. (2023).