Medical Malpractice:

Nevada

State: Nevada
 
Link to State Law: Nevada Statutes

The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Nevada state law, contact an experienced attorney.

Statute of Limitations:
A medical malpractice action in Nevada must be filed within three years of the date of the act or omission giving rise to the injury or within one year of the date the injury was or should have been discovered (whichever is earlier). If the medical malpractice results in brain damage to a minor or in a birth defect, the lawsuit can be filed at any time before the minor's tenth birthday. If a medical malpractice injury to a minor results in sterility, the action must be filed within two years of the date the injury was discovered.

Minimum Qualifications of Expert Witnesses: The plaintiff in a Nevada medical malpractice suit must file an affidavit from the medical malpractice expert witness practicing in an area similar to the defendant. Failure to do so will result in the dismissal of the suit. There are no other restrictions on expert witnesses.

Limitations on Monetary Damages:
In Nevada, there is a $350,000 limit on medical malpractice non-economic damages.

Limitations on Attorney Fees:
Medical malpractice attorney fees are limited to 40% of the first $50,000, 1/3 of the next $50,000, 25% of the next $500,000, and 15% of any recovery in excess of $600,000.

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