Nev. Rev. Stat. § 41A.003
Definitions
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41A.007 to 41A.017, inclusive, have the meanings ascribed to them in those sections.
Nevada Revised Statutes Chapter 41A — Actions for Professional Negligence
Nevada · statute · Nev. Rev. Stat. ch. 41A · 15 active provisions
Nev. Rev. Stat. § 41A.007
“Economic damages” defined
“Economic damages” includes damages for medical treatment, care or custody, loss of earnings and loss of earning capacity.
Nev. Rev. Stat. § 41A.011
“Noneconomic damages” defined
“Noneconomic damages” includes damages to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damages.
Nev. Rev. Stat. § 41A.015
“Professional negligence” defined
“Professional negligence” means the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.
Nev. Rev. Stat. § 41A.017
“Provider of health care” defined
“Provider of health care” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, genetic counselor, anesthesiologist assistant, dentist, licensed nurse, dispensing optician, optometrist, licensed physical therapist, podiatric physician, licensed psychologist, behavioral health and wellne…
Nev. Rev. Stat. § 41A.035
Limitation on amount of award for noneconomic damages; publication of amount of limitation by Nevada Supreme Court
1. In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000, regardless of the number of plaintiffs, defendants or theories upon w…
Nev. Rev. Stat. § 41A.045
Several liability of defendants for damages; abrogation of joint and several liability
1. In an action for injury or death against a provider of health care based upon professional negligence, each defendant is liable to the plaintiff for economic damages and noneconomic damages severally only, and not jointly, for that portion of the judgment which represents the percentage of negligence attributable to…
Nev. Rev. Stat. § 41A.061
Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions
1. Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving professional negligence if the action is not brought to trial within 3 years after the date on which the action is filed. 2. Dismissal of an act…
Nev. Rev. Stat. § 41A.071
Dismissal of action filed without affidavit of medical expert
If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that: 1. Supports the allegations contained in the action; 2. Is submitted by a medical expert who practices or has practiced in an area th…
Nev. Rev. Stat. § 41A.081
Settlement conference: Persons required to participate; powers and duties of judge; failure to participate
1. In an action for professional negligence, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may…
Nev. Rev. Stat. § 41A.085
Recommendation of settlement for amount of limits of policy of insurance: When authorized; insurer to pay for opinion of independent counsel upon request
1. In an action for damages for professional negligence in which the defendant is insured pursuant to a policy of insurance covering the liability of the defendant for a breach of the defendant’s professional duty toward a patient: (a) At any settlement conference, the judge may recommend that the action be settled for…
Nev. Rev. Stat. § 41A.097
Limitation of actions; tolling of limitation
1. Except as otherwise provided in subsection 4, an action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first,…
Nev. Rev. Stat. § 41A.100
Required evidence; exceptions; rebuttable presumption of negligence
1. Liability for personal injury or death is not imposed upon any provider of health care based on alleged negligence in the performance of that care unless evidence consisting of expert medical testimony, material from recognized medical texts or treatises or the regulations of the licensed medical facility wherein th…
Nev. Rev. Stat. § 41A.110
Consent of patient: When conclusively established
Except as otherwise provided in subsection 3 of NRS 442.253, a physician licensed to practice medicine under the provisions of chapter 630 or 633 of NRS, or a dentist licensed to practice dentistry under the provisions of chapter 631 of NRS, has conclusively obtained the consent of a patient for a medical, surgical or…
Nev. Rev. Stat. § 41A.120
Consent of patient: When implied
In addition to the provisions of chapter 129 of NRS and any other instances in which a consent is implied or excused by law, a consent to any medical, surgical or dental procedure will be implied if: 1. In competent medical judgment, the proposed medical, surgical or dental procedure is reasonably necessary and any del…