Nevada has established certain laws to guarantee fairness and responsibility in medical malpractice cases. The statute of limitations is a key element in these frameworks because it determines how long you have before you initiate a medical malpractice lawsuit.

Nevada’s laws, such as NRS 41A.071 and NRS 41A.097, detail how and when medical malpractice claims should be filed. They help manage the rights of patients to claim damages against healthcare providers, who could face endless lawsuits. Setting up clear timelines and rules helps the law settle disputes quickly, and the evidence and witness statements are not tampered with. This article explains the legal time limit for filing a medical malpractice claim in Nevada and what it means for those considering it.

Understanding Medical Malpractice

In Nevada, medical malpractice or professional negligence occurs when a healthcare provider fails to use the same level of care, skill, or knowledge that similar providers would use in the same situation. The definition is set out in NRS 41A.015.

Professional negligence is called professional negligence when a health care provider fails to use the reasonable care, skill, or knowledge that others in their field would use in the same circumstances.

This statute sets out how the courts should determine if a healthcare provider’s actions or failures meet the standard for negligence. To win a medical malpractice claim, a plaintiff has to prove that the provider did not meet the standard and that this failure led to injury or harm.

Elements of a Claim

To win a medical malpractice lawsuit in Nevada, the plaintiff must prove five important factors by showing they are more likely to be true than not (a preponderance of the evidence). These include:

  1. Duty of Care. The healthcare provider was required to act with due care towards the patient. It comes about because of the professional bond between the patient and the provider.

  2. Reasonable Standard of Care. It was expected of the provider to use the same skill, prudence, diligence, and standard of care as other members of the profession normally do.

  3. Breach of Duty. The provider did not meet the required standard and breached their duty of care.

  4. Causation. As a result of this breach, the patient was injured. It is usually the hardest part to show that the provider’s actions caused the harm.

  5. Damages. The injury caused the person to suffer medical costs, miss work, feel pain, and incur other losses.

Because there are many factors to consider, keeping all medical records and documenting everything carefully is necessary. You should also document any changes in your health, since differences in your records can be very important for your claim.

Common Examples of Medical Malpractice

Medical malpractice can take many forms, such as:

  • Misdiagnosis or delayed diagnosis. If a doctor fails to recognize a patient’s condition or delays the diagnosis, the disease may worsen and become harder to treat.

  • Surgical errors. If the surgeon makes a mistake, such as operating at the wrong site, leaving tools inside the patient, or harming organs, it can lead to major problems.

  • Medication mistakes. If a doctor gives the wrong drugs or the wrong dosage, misses harmful drug interactions, or prescribes drugs that should not be used together, it may harm or kill the patient.

  • Birth injuries. Not paying enough attention during labor or delivery or using forceps incorrectly can result in injuries to the mother or the baby.

Nevada’s Statute of Limitations

Nevada’s law for the statute of limitations on medical malpractice claims is provided under NRS 41A.097. This statute sets out exact time limits for filing a lawsuit, depending on the date the malpractice is said to have happened.

  1. For Any Injuries That Happen On Or After October 1, 2023

According to Assembly Bill 404, which took effect on October 1, 2023, the deadline for filing medical malpractice claims was reaffirmed. According to NRS 41A.097(3), people who bring a case must do so within:

  • Two (2) years after the injury was discovered or should have been found by reasonable effort.

  • Three (3) years from the date of the injury to file a claim, whichever comes first.

This extension allows plaintiffs more time to notice and respond to injuries caused by medical negligence. The change shows that some injuries or their links to medical care can become clear.

  1. For Injuries Occurring Between October 1, 2002, and September 30, 2023

The statute of limitations is more restrictive for offenses committed during this time. A medical malpractice claim must be submitted within the time limit set per NRS 41A.097(2), including:

  • One (1) year after the injury was found or should have been found through regular care.

  • Three (3) years after the injury, whichever date is earlier.

This period highlights why it is important to act quickly if you suspect medical negligence. If you do not meet these deadlines, you may lose your ability to use legal remedies.

Importance of Timely Action

It is important to follow the statute of limitations for several different reasons, such as:

  • Safeguarding Evidence. The evidence might become damaged as time passes, and people’s memories can grow dim. Acting quickly protects key information, such as medical records and witnesses' words, from being altered or lost.

  • Legal Rights. If you do not file your case by the deadline, the court usually dismisses it, regardless of its merits. The plaintiff is not able to ask for compensation because of this dismissal.

  • Strategic Advantage. If you seek legal advice early, investigators can work in detail, consult with experts, and design a successful legal plan.

Purpose and Importance of the Statute of Limitations

The statute of limitations is a basic defense for fairness among all parties in the legal system. Setting time limits for starting legal cases helps settle disputes quickly and prevents defendants from dealing with claims where important evidence may be lost.

The law accepts that if a trial is delayed for too long, memories can fade, documents might get lost, and witnesses could miss the trial, all of which can harm the trial’s fairness. As a result, setting a time limit on lawsuits helps ensure that both parties have fair treatment.

Filing a Medical Malpractice Lawsuit

A medical malpractice case in Nevada must follow strict procedures, and the first of these is submitting an affidavit of merit. A professional negligence complaint in Nevada must be accompanied by the affidavit mentioned in NRS 41A.071. The court must dismiss the matter without prejudice if the affidavit is not attached when the action is filed. 

What Does an Affidavit of Merit Mean? 

An affidavit of merit is a statement made by a medical expert who has worked or still works in a field related to the defendant. This document proves the plaintiff’s claims by stating that the standard of care was not followed. The affidavit has to: 

  • Confirm the allegations in the complaint 

  • Be submitted by a medical expert, practicing in a similar field

  • Show who was responsible for the negligence

  • Describe what happened that led to the alleged negligence 

What an Affidavit of Merit Must Entail

The main aim of the affidavit of merit is to eliminate weak or frivolous lawsuits so that only those with a real case will be accepted in court. This rule supports good court performance and prevents unnecessary lawsuits against healthcare providers. The statute initially requires expert validation to ensure medical malpractice proceedings are fair. 

Exceptions to the Statute of Limitations

The statute of limitations for medical malpractice in Nevada is usually very strict, but the law allows important exceptions for some sensitive cases. Not every injury or case of negligence immediately becomes clear, and some situations might mean the deadline for filing can be delayed. It is important to learn about these carve-outs since they can change your legal rights and choices.

Concealment of Malpractice

If a healthcare provider tries to hide their actions, Nevada law allows the statute of limitations to be put on hold. The deadline is not activated until the patient realizes, or should have realized, that the information was being concealed.

This exception is very important when a provider changes the medical records, fails to document anything, or tries to prevent the patient from knowing about the error. Yet, it falls to the plaintiff to prove that the defendant knowingly covered up information, making these cases complicated and requiring a lot of evidence.

Matters Concerning Minors

Because children are more vulnerable, Nevada law allows them additional time to file some malpractice claims. It is stated in NRS 41A.097(4) that:

  • If someone under the age of 18 suffers brain damage or a congenital disability, the child has until they turn ten to bring a lawsuit

  • When there is sterility, the child must bring a lawsuit within two years of finding out about the injury

Because children may not know or tell what is happening to them immediately, these extended timelines protect their rights. Parents or guardians should continue to watch for symptoms and get legal advice when needed.

Other Unique Circumstances

Below are other rare cases in which the statute of limitations should be extended:

  • The court may stay a civil proceeding while a related criminal investigation is pending

  • Because of public emergencies like the COVID-19 pandemic, courts have suspended or put off civil filing deadlines due to limited access

Even though NRS 41A.097 doesn’t mention these circumstances, judges usually handle them from case to case, following the court's instructions or applying relevant laws. It helps to talk to an attorney soon after receiving the notice to see if your case is eligible for extensions.

Importance of Consulting a Medical Malpractice Attorney

Both legal and medical issues complicate the process of a medical malpractice claim in Nevada. You should hire a qualified lawyer to handle these difficulties well and protect your rights.

Evaluating the Expert’s Credibility

Attorneys handling medical malpractice claims know how to judge if your case is valid. They can judge if the healthcare provider acted outside of the proper standard and if this action harmed the patient. This step is important for building the base of your case.

Gathering All The Necessary Documents And Evidence

An attorney will help you gather all the important papers, such as medical records and expert opinions. They guarantee that the affidavit of merit, which is required by NRS 41A.071, is completed and submitted. Preparing every detail is necessary for your claim to succeed.

Advocacy and Negotiation

When discussing your case with insurance companies and during court hearings, your attorney will look after your interests. Thanks to their skills, they can reach settlements that consider the full amount of your losses, like medical bills, lost income, and pain you experienced. Besides, they have the tools to defend your compensation against the tricks opposing parties may use.

Possible Compensation for Nevada Medical Malpractice

Those who suffer from medical malpractice in Nevada could receive economic and non-economic damages.

Economic Damages

Those injured by medical negligence in Nevada can be compensated for the economic losses they sustain. Because economic damages do not have statutory limits, plaintiffs can ask for full compensation for their financial problems. These damages are put into the following categories:

  1. Medical Expenses

All expenses related to medical treatment because of malpractice, whether they occurred in the past or will happen in the future, are included in this category. Examples of expenses are:

  • Being hospitalized and visiting the emergency room

  • Procedures and surgeries

  • Meeting with your doctor and having follow-up visits

  • Physical and occupational therapy are fields of medicine

  • The medicine you get from a doctor and the medicine you buy yourself

  • Wheelchairs, crutches, and other medical equipment

  • The cost of getting to and from medical centers

Keeping track of these expenses is very important because they are used to determine the compensation.

  1. Lost Wages

If the injury is due to medical malpractice and causes the victim to miss work, they can recover their lost wages. This includes:

  • Pay earned by the hour

  • Bonuses and commissions

  • Overtime pay

  • Other ways to earn money

To prove these claims, you must show the victim’s employment history, pay slips, and, if needed, expert observations about the injury’s effect on their job.

  1. Loss of Future Earnings

If the injury results in lifelong or permanent disability, victims are entitled to claim for the earnings they would have made in the future. This considers:

  • The expected course of the athlete’s career before the injury

  • The chance to get promoted and earn more money

  • The capacity to handle the same tasks as before

  • Requirements for learning new skills or switching occupations

Evaluating these losses often requires input from vocational experts and economists to project the financial impact accurately.

  1. Other Out-of-Pocket Expenses

Additional expenses that victims can claim are those connected to the injury, for example:

  • Installing ramps or medical equipment in the home

  • Getting help with daily activities from someone who comes to your home

  • Expenses for childcare because of the injury

  • Counseling or psychological therapy expenses

You should only spend the required and proportionate money, and always keep proof of your purchases.

Non-Economic Damage

If you file a medical malpractice lawsuit in Nevada, you may receive compensation for losses that are not directly related to money. They are not the same as economic damages involving real money losses. The maximum amount for non-economic damages in Nevada medical malpractice cases is $510,000, which will increase by $80,000 annually until it reaches $750,000 in 2028. From 2029, the cap will rise every year by 2.1%.

  1. Pain and Suffering. It means a patient suffers physical and emotional harm from medical negligence. This type of injury involves ongoing pain, discomfort, and the mental side effects of the accident.

  2. Emotional Distress. Victims may also suffer from anxiety, depression, or trauma due to the medical mistake. This damage involves emotional and mental stress caused by the injury.

  3. Loss of Enjoyment of Life. If someone cannot enjoy activities because of an injury, they may be entitled to compensation.

  4. Physical Impairment and Disfigurement. A person’s self-esteem and daily activities may be affected for years by permanent disabilities or noticeable scars. This change in appearance or abilities is recognized through compensation.

Contact a Las Vegas Medical Malpractice Attorney Near Me

If medical negligence has affected you or a loved one in Nevada, you should act immediately to seek fair compensation. Since medical malpractice cases are not easy and must be handled promptly, you need to work with a lawyer who can investigate them thoroughly. Working with an experienced lawyer can greatly affect the results of your case. 

A personal injury lawyer is there to help medical malpractice victims by evaluating their case, documenting everything, and representing them legally. You should be able to discuss your case with them at no cost during the first meeting. It teaches you about your choices and the paths you can take for justice. Make sure you do not miss your opportunity to seek justice. 

At the Las Vegas Personal Injury Attorney Law Firm, we can guide you through filing a medical malpractice claim. Contact us at 702-996-1224 as soon as possible so that your claim is considered within Nevada’s statute of limitations.