Nevada law
Medical Malpractice Laws in Nevada.
Nevada reformed its medical malpractice laws in 2023 (SB 285), extending the statute of limitations from 1 year to 2 years and beginning a phased increase of noneconomic damage caps from $350,000 to $750,000 by 2028 (with 2.1% annual inflation adjustments thereafter). A mandatory expert affidavit must be attached at filing, and failure to include it results in dismissal.
Last verified: 2026-02-25
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State law
Statute of Limitations
For injuries on or after October 1, 2023: claims must be filed within 2 years of discovery of the injury, subject to a 3-year statute of repose from the date of injury. Prior law was 1 year from discovery with 4-year repose. The limitations period is tolled if the provider knowingly concealed the malpractice.
State law
Damage Caps
SB 285 (2023) established a phased increase: $350,000 (pre-2024), $430,000 (2024), $510,000 (2025), $590,000 (2026), $670,000 (2027), $750,000 (2028), then 2.1% annual increases. No cap on economic damages.
Punitive damages follow the general tort framework: 3x compensatory if compensatory is $100,000+, otherwise $300,000.
State law
Filing Requirements
Before filing, the plaintiff must attach an affidavit from a medical expert who practices in a substantially similar field, supports the allegations, and identifies each negligent provider. Failure to attach the affidavit results in mandatory dismissal without prejudice.
No expert affidavit is required for: foreign objects left after surgery, burns from treatment, injury to body parts not involved in treatment, wrong-site surgery, and explosions from treatment.
State law
Key Nevada Statutes
Landmark 2023 legislation extending the statute of limitations from 1 to 2 years, reducing repose from 4 to 3 years, and establishing phased noneconomic damage cap increases from $350,000 to $750,000 by 2028 with 2.1% annual inflation adjustments.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Nevada.
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