FB Nevada Statute of Limitations for Birth Injuries, Medical Malpractice

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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 year

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.


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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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The following reviews from our clients do not constitute a guarantee, warranty, or prediction regarding the outcome of another legal matter. The cases mentioned in the reviews are illustrative of some of the matters previously handled by Grant & Eisenhofer involving various areas of birth injury law. These reviews are endorsements.

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