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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

State law

Statute of Limitations

2 years from discovery; 3-year reposeNRS 41A.097

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

Non-Economic Damages (Phased Increase): $590,000 (2026)NRS 41A.035

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: 3x compensatory or $300,000NRS 42.005

Punitive damages follow the general tort framework: 3x compensatory if compensatory is $100,000+, otherwise $300,000.

State law

Filing Requirements

Mandatory Expert AffidavitNRS 41A.071

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.

Res Ipsa ExceptionsNRS 41A.100

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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