GET A FREE CONSULTATION
(702) 680-1111
Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Doctors hold a position of trust in our lives. When we seek medical care, we expect them to provide the proper treatment and make decisions in our best interest. But what happens when a doctor makes a mistake that causes harm? Can you sue a doctor in Nevada for medical malpractice?
The short answer is yes, but the process isn’t always straightforward. Medical malpractice lawsuits require proving negligence, following strict legal procedures, and complying with Nevada’s laws on malpractice claims. If you’re considering legal action, this guide will walk you through everything you need to know—from understanding medical malpractice to filing a lawsuit and seeking compensation.
Not every bad medical outcome is malpractice. A doctor can follow all standard procedures, but treatment may still not work as expected. For a malpractice claim to be valid, there must be negligence—a failure to meet the standard of care that directly results in harm.
Common examples of medical malpractice include:
A doctor’s failure to correctly diagnose a condition can delay treatment, worsening the patient’s condition. For example, misdiagnosing a heart attack as indigestion could result in severe complications or even death.
Mistakes during surgery can have life-changing consequences. Errors such as operating on the wrong body part, leaving surgical instruments inside a patient, or damaging internal organs can all be grounds for a lawsuit.
Prescribing the wrong medication or incorrect dosage can cause serious health issues. A doctor may also fail to check for allergies or harmful drug interactions, leading to severe reactions.
Hospitals are meant to heal, but sometimes patients develop infections due to poor hygiene practices. If negligence, such as failing to sterilize equipment, leads to infection, it may qualify as malpractice.
Premature Discharge and Inadequate Aftercare
Releasing a patient too early or failing to provide proper post-treatment instructions can result in complications. If a patient is discharged before they are stable and their condition worsens, the hospital or doctor could be held liable.
Under Nevada law:
“When a healthcare professional fails to use the reasonable care, skill, or understanding that usually applies in similar circumstances, it is considered medical malpractice. “
This means doctors must follow the accepted standard of care in their field. If they fail to do so and a patient suffers harm, they can be held accountable.
Nevada has strict time limits for filing medical malpractice claims.
“A lawsuit must be filed within 3 years from the date of injury or 1 year from when the injury was discovered, whichever comes first.”
This means that if you don’t realize you’ve been harmed right away, you still have a chance to take legal action. However, for minors suffering brain injuries, the statute of limitations extends up to 10 years.
Nevada limits the amount of compensation you can receive for non-economic damages like pain and suffering.
“The cap on non-economic damages in Nevada is $350,000. However, there is no limit on economic damages, such as medical bills and lost wages.”
This means if your injury caused significant financial loss, you can claim full compensation for those expenses.
Nevada law requires an additional step before filing a lawsuit:
“A medical malpractice lawsuit must include an affidavit of merit, signed by a qualified doctor, confirming that malpractice likely occurred.”
This prevents frivolous lawsuits and ensures that only cases with merit proceed to court.
Medical malpractice is difficult to prove. Collect all relevant medical records, prescriptions, and communications with the doctor. Get a second opinion from another medical professional.
Before you can officially file a lawsuit, a qualified doctor must review your case and certify that the healthcare provider failed to meet the standard of care. This affidavit is a legal requirement in Nevada.
Work with an experienced medical malpractice attorney to file your claim within the statute of limitations. Missing this deadline can result in your case being dismissed.
Most malpractice cases don’t go to trial. Instead, attorneys negotiate a settlement where the doctor’s insurance company agrees to pay compensation without admitting fault.
If a settlement isn’t possible, the case goes to court. Both sides present evidence, including medical records and expert testimony. The court then decides whether the doctor was negligent and, if so, how much compensation is owed.
Generally, the answer is no—except in exceptional circumstances.
“Nevada law sets a 3-year deadline for most malpractice cases. However, minors who suffer brain injuries have up to 10 years to file.”
If malpractice was concealed or only discovered much later, the statute of limitations may be extended. Speak with a lawyer to determine if your case qualifies.
Many cases settle out of court to avoid lengthy legal battles. Settlements allow the victim to receive compensation without the stress of a trial. However, if a case goes to trial, the court will determine the final compensation amount.
Compensation includes:
| Factor | Nevada Law |
| Standard Filing Deadline | 3 years from the date of injury or 1 year from discovery |
| Minors (Brain Injury) | Up to 10 years |
| Non-Economic Damages Cap | $350,000 |
| Economic Damages Cap | No limit |
| Affidavit of Merit Required? | Yes (medical expert confirmation needed) |
Nevada law requires filing within 3 years from the date of injury or 1 year from when the malpractice was discovered, whichever comes first. Special rules apply to minors.
Most cases must be filed within 3 years, but minors suffering brain damage have up to 10 years. If malpractice was hidden, an extension may apply.
You must show that the doctor violated the standard of care and that this mistake directly caused harm. Expert medical testimony is often required.
Yes, a licensed doctor must sign an affidavit confirming that malpractice likely occurred. This is a strict requirement under Nevada law.
There is no cap on economic damages (medical bills, lost wages), but non-economic damages (pain and suffering) are limited to $350,000.
Suing a doctor for medical malpractice in Nevada is a complex process, but it’s a necessary step if you’ve suffered harm due to negligence. Understanding the legal requirements, deadlines, and the need for expert testimony can make a significant difference in building a strong case. While most malpractice cases settle out of court, having the right legal team ensures you receive fair compensation for your injuries and losses.
If you or a loved one has been affected by medical negligence, don’t wait to take action. The sooner you consult with an experienced attorney, the better your chances of securing the justice you deserve. Gina Corena & Associates is committed to helping victims of medical malpractice navigate the legal process and fight for fair compensation. Contact us today to discuss your case and explore your legal options.
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.
