Nevada Birth Injury Lawyers

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Nevada Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.

Nev. Rev. Stat. §41A.097 and §11.250 Three years from injury or one year from reasonable discovery. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of his disability, except that in the case of: (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age. (b) Sterility, the period of limitation is extended until two years after the child discovers the injury. Minors under age 18: the time of minority shall not be a part of the time limited for the commencement of the action.

Nevada Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

§41A.035. $350,000 limit on noneconomic damages.

§42.005. Exemplary or punitive damages made pursuant to this section may not exceed: (a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or (b) $300,000 if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

Limits on Attorney Fees

§7.095. Sliding scale for attorney fees, not to exceed 40 percent of first $50,000; 33-1/3 percent of next $50,000; 25 percent of next $500,000; 15 percent of any amount over $600,000.

Periodic Payments

§42.020 et seq. If the future damages equals or exceeds $50,000, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment Such payments must only be subject to modification in the event of the death of the judgment creditor. Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death. In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

§49.265. Review committees for medical or dental care