Recent Nevada News

July 2018 Newsletter

Wisconsin court preserves reforms – and access to care A decision this month by Wisconsin’s state Supreme Court kept intact liability reforms that have placed reasonable limits on noneconomic damages and resulted in lower health care costs for patients and physicians....

AMA’s legal team helps protect medical liability reforms

Medical liability reform is a high state legislative priority for the AMA. Not surprisingly, then, it is also a high priority for the Litigation Center for the American Medical Association and State Medical Societies. Evidence of this is the Litigation Center’s...

December 2017 Newsletter

Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...

Current Medical Liability Laws

Damage Caps	In June 2023, the Nevada governor approved AB 404. Prior to AB 404’s enactment, noneconomic damages were capped at 350,000, regardless of the number of plaintiffs, defendants or theories upon which liability could be based. The cap has to be increased $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the cap reaches $750,000. Starting Jan. 1, 2029, the cap will be increased every year by 2.1%. As of January 1, 2025, the cap is $510,000.
Joint Liability Reform	Yes. Defendants only severally liable for economic or noneconomic damages in medical liability cases. Defendants are jointly and severally liable in cases involving (a) strict liability, (b) an intentional tort, (c) the emission, disposal, or spillage of a toxic or hazardous substance, (d) the concerted acts of the defendants, (e) an injury to any person or property resulting from a product which is manufactured, distributed, sold, or used in this State or (f) where defendant does not allege comparative negligence as a defense Nevada Revised Statutes § 41.141; Buck v. Greyhound, 105 Nev. 756, 783 P.2d 437 (1989).
Collateral Source Reform	Yes. The judge must reduce the verdict by the amount of any collateral benefits. Third parties are no longer permitted to recover from the defendant the expenses they have paid on behalf of a medical liability victim.
Attorney Fees Limited	Yes. An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of: 35 percent of the amount recovered.
Periodic Payments Permitted	Yes. When an award equals or exceeds $50,000 in future damages, the court must allow the same to be paid in periodic payments instead of a lump sum, if requested by either party.