Health & Medical in Nevada
Key Nevada Law
Nevada Revised Statutes Section 41A.097
Nevada requires medical malpractice claims to be filed within three years of the injury or one year from discovery, whichever is earlier, under NRS § 41A.097. An absolute repose period applies to foreign objects.
View official statuteProcedural Details in Nevada
Nevada Agencies & Resources
Nevada State Board of Medical Examiners
Licenses and disciplines physicians in Nevada; investigates complaints about professional conduct.
Nevada Department of Health and Human Services
Oversees hospital licensing, patient rights, and health facility inspections in Nevada.
Nevada Division of Insurance
Regulates health insurance and handles consumer complaints in Nevada.
Frequently Asked Questions
What is the statute of limitations for medical malpractice in Nevada?
NRS § 41A.097 provides three years from the injury or one year from discovery — whichever is shorter. The one-year discovery rule is among the strictest nationally. Nevada also requires a medical expert declaration to be served 90 days before filing under § 41A.016.
Does Nevada cap non-economic damages in malpractice cases?
Yes. NRS § 41A.035 caps non-economic damages (pain and suffering, emotional distress) at $350,000 in medical malpractice cases. Economic damages — medical bills, lost income, future care — are uncapped and may be recovered in full if proven.
What expert declaration does Nevada require before filing?
Nevada requires plaintiffs to obtain a sworn declaration from a qualified medical expert and serve it on the defendant at least 90 days before filing the malpractice lawsuit under NRS § 41A.016. The declaration must confirm the defendant deviated from the standard of care. This is a pre-suit procedural step, not just an at-filing requirement.
How do I file a complaint against a doctor in Nevada?
Complaints may be filed with the Nevada State Board of Medical Examiners online at medboard.nv.gov. The Board investigates and may reprimand, restrict, suspend, or revoke a physician's license. Board proceedings are separate from civil litigation and do not pause the SOL clock.
Related Health & Medical Scenarios
Can I sue over incorrect or excessive medical bills?
Legal options when you receive incorrect, inflated, or surprise medical bills that violate billing regulations or the No Surprises Act.
Can I sue for wrongful death caused by medical negligence?
Legal options when a family member dies due to medical negligence, surgical errors, or hospital failures.
Can I sue for a medication or prescription error?
Legal options when pharmacy errors, wrong dosages, dangerous drug interactions, or failure to warn causes patient harm.
Can I sue for delayed cancer diagnosis?
Legal options when a physician's failure to timely diagnose cancer results in disease progression and reduced treatment options.
Have a Specific Situation in Nevada?
Every situation is unique. Try our educational assessment tool for guidance based on your specific circumstances.