When a healthcare professional fails to provide the expected standard of care, leading to harm, you can seek to hold them accountable for their actions or negligence. This can include avoidable errors, such as misdiagnosis, surgical mistakes, medication errors or failure to inform you of the potential risks.
If you’re considering pursuing a medical malpractice claim in Nevada, understanding how the law works and what to expect is essential. Here’s what you should know.
You bear the burden of proof
Medical malpractice is not just about bad outcomes – it’s about negligence. You must show the healthcare provider’s negligence directly caused your injuries to have a valid claim. Expert testimony is often required since medical standards can be complex and need to be explained by professionals in the field.
The clock is ticking
Nevada laws limit the period within which you can file a medical malpractice lawsuit. For instance, you must file your claim within three years from when you suffered injuries or two years from when you discovered them, whichever occurs first (for injuries that occurred on or after October 1, 2023). You may lose your right to seek compensation through the courts if you don’t act promptly.
Some legal caps apply
Economic damages like medical bills and lost wages are not legally capped. However, Nevada law caps non-economic damages, such as pain and suffering, emotional distress and other intangible losses. For 2025, the cap is at $510,000, which means it’s the maximum you can recover for your non-economic damages.
If you or a loved one has experienced medical malpractice, understanding the legal basics is essential. However, the claims process can be rather complicated. Reaching out for qualified assistance can guide you through the complexities and help ensure you receive the compensation you deserve.