Medical malpractice law in Nevada has a statute of limitations of 4 years, follows a doctrine of modified comparative negligence, and does not cap damages.
Statutes of Limitations in Nevada
Medical malpractice actions initiated in the state of Nevada for injury or wrongful death must be brought within 4 years from the date of the injury or 2 years from the date the injury was discovered, or should have been discovered, whichever is earlier.
Parents or guardians of a minor claimant are responsible for the minor's claim and must adhere to the statutes of limitations stipulate above. In actions involving brain damage or birth defects, the limitation is extended until the child is age ten.
Nevada State Malpractice Laws at a Glance:
Nevada State Tort Law Statute of Limitations After October 1, 2002 -- three years from date of original injury or one year after injury is discovered. Prior to this date, four years from date of original injury or two years after injury is discovered. Damage Award Limits Limit of $350,000 for noneconomic damages. Punitive damages allowed in cases of fraud, malice, or oppression and limited to $300,000 or triple the amount of compensation damages. Joint Defendant Liability Proportionate liability for defendants Expert Witness An expert affidavit must be filed by someone in a similar field to the defendant or case will be dismissed.
Attorney FeesLimit on attorneys fees is on a sliding scale based on awarded damages.
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Contributory or Comparative Negligence Doctrine in Nevada
Nevada follows a doctrine of modified comparative negligence under which a claimant's action is barred if his negligence is greater than the combined negligence of all the defendants. If not, the claimant's recovery is reduced in proportionally according to his degree of negligence.
Joint and Several Liability in Nevada
Each tortfeasor in a Nevada tort action is liable only for the portion of the damages his or her percentage of negligence, as stipulated by the jury. The state's statutes specify "negligent acts committed by providers of health care while working together to provide treatment to a patient" are not concerted acts and that the liability of health care providers is, therefore, several only.
Vicarious Liability in Nevada
When a hospital selects a doctor to serve the patient, the doctor is considered to have apparent authority on behalf of the hospital because the patient might reasonably assume that the doctor an agent of the hospital.
Expert Testimony in Nevada
Medical malpractice claimants in Nevada must offer "expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein the alleged negligence occurred" which must demonstrate a deviation from the standard of care.
When the damage is caused by a foreign substance left in the body, an explosion or fire of a substance used in treatment, a burn caused by radiation or chemicals, injury to a part of the body not involved in the treatment, or surgery on the wrong person or wrong body part, no expert testimony is required.
Arbitration in Nevada
Nevada stipulates potential medical malpractice claims have to be reviewed by a screening panel before a complaint can be filed. After that, the parties attend a settlement conference, and trial ensures only if they cannot reach an agreement.