GET A FREE CONSULTATION
(702) 680-1111
Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
A doctor’s mistake can leave you dealing with more health problems, extra medical bills, or a longer recovery. If the doctor’s care fell below the accepted standard and caused your injury, you may have grounds for a medical malpractice claim in Nevada.
But how do you know if what happened to you counts as malpractice? A Las Vegas medical malpractice attorney can review your records and help you understand whether you have a case.
Let’s look at what counts as medical malpractice, what you need to prove, and the deadlines and compensation rules that may apply.
Under NRS 41A.009, medical malpractice can occur when a healthcare provider fails to provide the level of care expected in similar circumstances and the patient is harmed.
Common examples include:
Not every bad result is medical malpractice. You must show that the provider failed to give proper care and that this failure caused your injury.
To prove medical malpractice, you generally need to show four things:
Medical records, test results, and treatment notes can help explain what happened. A medical expert may also need to review your care and explain whether the doctor made a mistake.
For example, a doctor may miss an abnormal test result. To prove malpractice, you would need to show that a careful doctor would have acted on that result and that the delay caused further harm.
Start by collecting your medical records, test results, and treatment notes. These can help show what care you received and when. Another doctor may also review your case.
Before filing most medical malpractice lawsuits, you must include an affidavit from a qualified medical expert. Under NRS 41A.071, the affidavit must support your claim that the medical provider was negligent. You must also file your lawsuit within the legal deadline.
After filing, you may be able to reach a settlement with the doctor or their insurer. If you cannot agree on compensation, the case may go to trial. The judge or jury will review the evidence and decide whether the doctor is legally responsible for your injury.
Nevada law sets a time limit for suing a doctor for medical malpractice. Under NRS 41A.097, the deadline depends on when the injury happened and when you discovered it.
|
Injury date |
General filing deadline |
| October 1, 2023, or later | The earlier of 3 years from the injury or 2 years from discovery |
| October 1, 2002, to September 30, 2023 | The earlier of 3 years from the injury or 1 year from discovery |
Some cases have different deadlines. Special rules may apply to certain childhood brain injuries or birth defects. An exception may also apply if the medical provider concealed the negligence.
If you miss the deadline, you may lose the right to sue. Read more about Nevada’s medical malpractice filing deadlines.
If a doctor’s mistake hurts you, you may be able to get money to cover your losses. This can include medical bills, therapy, lost wages, and future treatment costs. These are called economic damages.
You may also get money for pain, emotional stress, and how the injury affects your daily life. These are called non-economic damages. Under NRS 41A.035, Nevada limits how much you can recover for these losses.
The cap is $590,000 in 2026, $670,000 in 2027, and $750,000 in 2028. These limits do not apply to medical bills or lost wages.
You must show that the doctor’s mistake caused your injury. A medical expert may need to explain how the mistake harmed you.
No, Nevada does not require every doctor to have malpractice insurance. However, some hospitals require doctors to carry it.
These doctors treat you and wait for payment until your injury claim is settled. You may still have to pay for the treatment, so check the terms first.
Yes. You can still sue the doctor. However, getting compensation may be harder if the doctor cannot afford to pay.
Usually, no. Nevada has time limits for filing these lawsuits. Some exceptions apply, such as certain birth injuries or cases where the doctor hid the mistake. The rules depend on your case.
Medical negligence can leave patients dealing with additional treatment, financial losses, and uncertainty about their rights.
If you believe a doctor’s mistake caused your injury , Gina Corena & Associates can help evaluate the circumstances and explain your options under Nevada law.
Contact our medical malpractice team for a free consultation.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
