Contact your Carson City lawyer
Contact your Las Vegas lawyer
Contact your Reno lawyer

Statute of Limitations

Actions 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.

Comparative or contributory negligence

modified comparative negligence, a claimant's action is barred if his negligence exceeds the combined negligence of all defendants

Nature of accused's liability

In tort actions generally, each defendant is liable only for that portion of the damages equal to the percentage of negligence attributed to him by the jury.

Law of contribution

A defendant who pays more than his "equitable share of the common liability" has a right of contribution against the other defendants

Expert testimony standards

As a general rule of evidence, 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".

Limits on compensation

Nevada imposes a $350,000 limit on non-economic damages

Limits on attorney fees

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

Collateral Source rule enforced

For medical malpractice cases the collateral source rule has been abolished such that awards are offset by payments received from a collateral source, including any prior payment by the defendant health care provider.

State and local health care providers immune from liabaility

Nevada has waived its immunity from liability. The waiver includes all political subdivisions, including counties and cities

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability