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Dedicated and Compassionate Birth Injury Attorneys Serving Clients Nationwide. Call us today at
(877) 262-9767 for a confidential consultation.

Nevada

  • SOL for Medical Malpractice Claims (Minor Plaintiffs): 2 years (10 years for brain damage and “birth defects”)
  • SOL for Medical Malpractice Claims (Parental Claims): 1 years
  • SOL for Wrongful Death Claims: 2 years

Nevada Statute of Limitations for Medical Malpractice Claims (Minor Plaintiffs)

2 years (10 years for brain damage and “birth defects”): Nev. Rev. Stat. Ann. § 41A.097(4): For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 or 2. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of the child’s disability, except that in the case of: (a) Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.

Nevada Statute of Limitations for Medical Malpractice Claims (Parental Claims)

1 year: Nev. Rev. Stat. Ann. § 41A.097: An action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.

Nevada Medical Malpractice Claim Caps

Nev. Rev. Stat. Ann. § 41A.035: 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 which liability may be based.

Nevada Statute of Limitations for Wrongful Death Claims

2 years: Nev. Rev. Stat. Ann. § 41A.097(1): Except as otherwise provided in subsection 3, 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.

Nevada Wrongful Death Claim Caps

Nev. Rev. Stat. Ann. § 41A.035: 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 which liability may be based.

The information presented on this website is not intended to be legal advice and does not constitute legal advice. The information presented on this site may not reflect the most current version of the law. Grant & Eisenhofer P.A is not responsible for any errors or omissions in the content of this site or for damages arising from the use or performance of this site under any circumstances. Each situation varies. Please contact an attorney if you believe you have a legal claim.

Discuss Your Potential Birth Injury Claim With Our Attorneys

If you or your child has suffered a birth injury due to medical malpractice or negligence, speak with our birth injury lawyers. We can answer your questions about the statute of limitations for birth injuries in your state.
Call us at (877) 262-9767 or contact us online to schedule a free consultation. We represent families nationwide and have offices in Chicago IL, Baltimore MD, New York NY, and Wilmington DE.