You put a lot of faith in the hands of a medical provider. Doctors, hospitals, and other healthcare providers have a professional duty to provide high-quality care to patients. If they fail to do so and their negligence contributes to a patient’s harm, they may be legally liable for medical malpractice.
Medical malpractice cases fall under state law. Notably, Nevada reformed its malpractice laws last year. In this article, our Las Vegas medical malpractice attorney provides a comprehensive guide to key changes to Nevada’s medical malpractice laws beginning in 2024.
What is Medical Malpractice?
Broadly speaking, medical malpractice occurs when a healthcare provider deviates from standard practices resulting in harm to a patient. To be clear, a poor outcome after getting care from a doctor or other medical provider is not always malpractice. Proving malpractice requires demonstrating that the adverse outcome (patient harm) happened because of the provider’s negligence.
Some of the most common examples of medical malpractice include:
- Doctor misdiagnosis;
- Delayed diagnosis;
- Medication errors;
- Failure to obtain informed consent;
- Anesthesiologist errors;
- Retained surgical objects; and
- Wrong-side surgery.
Medical Malpractice Claims are Generally Governed By State Law
For the most part, medical malpractice cases fall under state law. While there are certainly similarities across the states, there are also some big differences in medical malpractice laws in different jurisdictions. Indeed, each state establishes its criteria for what constitutes malpractice, along with the procedures for filing a claim. If you were the victim of medical negligence in Las Vegas or elsewhere in Clark County, you must have a general understanding of Nevada’s medical malpractice laws.
An Overview of Key Changes to Nevada’s Medical Malpractice Laws (2024)
In June of 2023, Nevada Governor Joseph Lombardo signed Assembly Bill 404 (AB 404) into law. It is the biggest and most comprehensive reform of our state’s medical malpractice laws in more than two decades. Several significant changes to Nevada’s medical malpractice law took effect at the beginning of 2024. Here are some of the most notable changes:
- A Longer Statute of Limitations: The first change started a few months before the calendar changes. Starting on October 1st, 2023, the statute of limitations for medical malpractice claims in Nevada was extended. Under the old law, injured patients needed to file within one year from the date they discovered or should have discovered their injury—or within three years of the malpractice, whichever occurred first. The new law doubles this time to two years from discovery. However, the three-year maximum from the incident remains unchanged. In other words, for claims arising in 2024, you have two years from the date you discovered or should have discovered that you were the victim of medical malpractice to file a claim in Nevada.
- An Increase in the Cap On Non-Economic Damages: Our state caps non-economic damages in medical malpractice claims. You can pursue full compensation for your actual economic damages. However, your non-economic damages—pain and suffering, long-term disability, etc—are capped by law (Nevada Revised Statute § 41A.035). ABA 404 is gradually raising the maximum non-economic medical malpractice damages each year for the next five years. Previously capped at $350,000, this limit has increased to $435,000 in 2024. Further, it will continue to rise annually by $80,000 until it reaches $750,000 in 2028. From 2029, the cap is scheduled to increase annually by 2.1 percent. If you have any questions about non-economic damages in medical malpractice claims in Nevada, please do not hesitate to contact us at our Las Vegas office for a free consultation.
- Statutory Cap On Contingency Fee (35 Percent): Nevada’s 2024 medical malpractice reform has also changed the contingency fee regulations. The new law also introduces a restructured cap on the contingency fees that attorneys can charge in medical malpractice cases. Previously, the fee limits were based on a sliding scale—depending on the settlement amount. Under AB404, the law has been simplified. There is now a maximum statutory flat fee of 35 percent for all medical malpractice claims. Unlike under the old regulations, the new flat-fee regulations apply regardless of the size of the settlement or verdict. Have questions about contingency fees? Our Las Vegas medical malpractice lawyers can help.
- A New Transparency Requirement: Finally, AB 404 has imposed a new transparency requirement for all types of medical malpractice claims. Specifically, the transparency regulation is meant to address the issue of non-economic damages. Indeed, AB 404 mandates that the Nevada Supreme Court must publish the amounts awarded for non-economic damages in medical malpractice cases annually for the next two decades. The goal of the regulation is to help promote transparency so that patients can better understand the value of their claims.
Medical Malpractice Cases are Complicated: Consult With a Lawyer
Medical malpractice claims are among the most complex types of personal injury cases. They are highly technical and expert witness testimony will be required to hold a negligent doctor or hospital accountable. It is normal to have a ton of questions. You may not even be entirely sure whether or not you have a viable legal claim.
Patients do not have to try to take on medical malpractice insurance companies alone. Be proactive: Consult with a Las Vegas medical malpractice lawyer as soon as possible. Your lawyer can review your case, answer questions, explain the law, and develop a strategy to help you secure justice and the absolute maximum financial support.
Get Help From a Medical Malpractice Attorney in Las Vegas, NV
At Ace Law Group, our Las Vegas medical malpractice attorney is a compassionate, reliable advocate for justice. If you have any specific questions or concerns about a medical malpractice claim, we are here as a resource that you can trust. Contact us today for your free, no-commitment initial case review.
With an office in Las Vegas, our team handles malpractice cases across Clark County, including North Las Vegas, Henderson, Boulder City, Mesquite, Summerlin, and Enterprise.