Nevada Medical Malpractice Laws
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
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.
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.
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.
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.
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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