Medical malpractice in Nevada is legally called professional negligence, defined under NRS 41A.015 as a healthcare provider’s failure to use the reasonable care, skill, or knowledge that a similarly trained provider would use under the same circumstances. It covers physicians, dentists, nurses, physical therapists, and the hospitals or practices that employ them, under NRS 41A.017.
Hurt by a medical error in Las Vegas?
Nevada requires a sworn medical expert’s affidavit before a malpractice case can even be filed. We secure that affidavit first.
Nevada calls medical malpractice “professional negligence,” defined under NRS 41A.015 as a health care provider’s failure to use the reasonable care, skill, or knowledge that a similarly trained provider would use under the same circumstances. Before that claim can be filed in district court, NRS 41A.071 requires a sworn affidavit from a qualified medical expert supporting the specific allegations. A case filed without one is dismissed by operation of law, regardless of how serious the injury was.
“Provider of health care” under NRS 41A.017 reaches physicians, dentists, nurses, physician assistants, anesthesiologists, physical therapists, chiropractors, podiatrists, psychologists, and the hospitals and group practices that employ them. We represent patients treated across the Las Vegas valley’s hospital systems, in cases involving misdiagnosis, surgical error, medication error, birth injury, anesthesia error, and hospital-acquired infection.
Get The Win Injury Lawyers treats the medical expert review as the first task on every malpractice case, not paperwork to handle later, and works on contingency, so you owe nothing unless we recover for you.
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Can I Still Recover Compensation If I Was Partly at Fault?
Malpractice insurers look hard for ways to shift blame onto the patient, because Nevada’s comparative negligence rule under NRS 41.141 applies in these cases the same way it applies everywhere else. A percentage of fault at 50 percent or less reduces your award by that percentage, and a percentage at 51 percent or more bars recovery entirely.
In malpractice cases specifically, insurers commonly argue that a patient’s own conduct contributed to the harm: missing a follow-up appointment, not disclosing a relevant medical history, or not following post-treatment instructions closely enough. We push back on these arguments by examining whether the patient was ever clearly told what a missed test or instruction was actually protecting against, since a provider’s own failure to communicate that risk undercuts how much fault a patient can fairly carry for trusting their care team.
What Should I Do If You Suspect Medical Malpractice?
Types of Medical Malpractice We Handle in Las Vegas
Misdiagnosis or Delayed Diagnosis
A missed or delayed diagnosis is one of the most common malpractice claims we see. These cases hinge on showing what a reasonably careful provider would have caught given the same symptoms and test results.
Surgical Errors
Wrong-site surgery, instruments or sponges left behind, and avoidable damage to nearby organs or nerves are some of the rare categories where Nevada law allows a case to proceed without the same evidentiary burden, discussed further below.
Medication Errors
Wrong dosage, wrong drug, or a dangerous interaction the provider should have flagged against your existing prescriptions. These cases often turn on whether the provider properly reviewed your medication history before prescribing or administering.
Birth Injuries
Failure to monitor fetal distress, delayed C-sections, and improper use of delivery instruments can cause permanent harm to mother or child. These claims often involve long-term life care costs, similar to the planning used in our catastrophic injury cases.
Anesthesia Errors
Incorrect dosage, failure to monitor vital signs during a procedure, or intubation mistakes can cause brain injury or death within minutes. Anesthesia cases almost always require a specialized anesthesiology expert for the affidavit, not just any physician.
Hospital-Acquired Infections and Neglect
Bedsores, sepsis, and infections traced to inadequate hygiene or staffing fall under malpractice when they result from a facility’s failure to follow basic, accepted protocols, not from an unavoidable risk of treatment.
Nevada law requires a patient’s consent to be based on a real understanding of the risks involved. If a provider performed a procedure you never actually agreed to, or left out risks that would have changed your decision, that can be its own basis for a claim.
Whatever the category, call us at (702) 867-8900 if the care happened anywhere in Las Vegas, Henderson, or Clark County.
Nevada Law and Your Medical Malpractice Rights
Nevada Defines This Differently Than Ordinary Negligence
Medical malpractice in Nevada is legally called “professional negligence,” defined under NRS 41A.015 as a provider’s failure to use the reasonable care, skill, or knowledge that a similarly trained provider would use under the same circumstances. NRS 41A.017 defines exactly who counts as a “provider of health care,” and the list is long: physicians, dentists, nurses, physician assistants, physical therapists, chiropractors, podiatrists, psychologists, and the hospitals and group practices that employ them.
How Long You Have to File
For injuries occurring on or after October 1, 2023, which covers virtually every case today, NRS 41A.097 gives you 3 years from the date of injury or 2 years from when you discover the injury, whichever comes first. That’s tighter than the general two-year personal injury deadline used elsewhere, because the “whichever comes first” structure can cut the window short if you discover the injury quickly. Once a case is filed, NRS 41A.061 sets a separate clock: it must reach trial within 3 years or it can be dismissed outright.
Your Case Skips Nevada’s Mandatory Arbitration Program
Many smaller Nevada civil claims are required to go through nonbinding arbitration before trial under NRS 38.250. Medical and dental malpractice cases are specifically exempt from that program under the Nevada Arbitration Rules, so your case proceeds straight into the regular district court litigation track rather than a mandatory arbitration screening step first.
Compensation You Can Recover in a Nevada Medical Malpractice Case
Economic Damages
Medical costs to treat and correct the original error, future treatment, and lost earning capacity. Nevada places no cap on this category in a malpractice claim.
Noneconomic Damages
Pain, suffering, physical impairment, and disfigurement, capped at $590,000 as of 2026 under NRS 41A.035, a cap the Nevada Supreme Court upheld in Tam v. Eighth Judicial District Court (2015).
Punitive Damages
Available under NRS 42.005 only when the conduct rises to fraud, malice, or oppression, capped at three times compensatory damages above $100,000, or $300,000 below that threshold.
Loss of Consortium
A spouse or family member’s separate claim for the loss of the relationship and support the malpractice took from them.
Future Damages Paid Over Time
For awards involving more than $50,000 in future damages, either side can request periodic payments instead of a lump sum under NRS 42.021, which changes how a structured settlement actually gets paid out.
Wrongful Death
If the malpractice was fatal, the claim shifts to a wrongful death action under NRS 41.085, with its own rules for who can recover. Our Wrongful Death page covers that process in full.
Client Testimonials
We prioritize client satisfaction from the first consultation to the final case resolution. And our Las Vegas personal injury attorneys have earned 5-star client satisfaction, with glowing testimonials from injured clients across Nevada. We prioritize client satisfaction from the first consultation to the final.
Frequently asked questions about medical malpractice claims in Nevada
What qualifies as medical malpractice in Nevada?
Do I need an expert affidavit to sue for malpractice in Nevada?
Yes. NRS 41A.071 requires a sworn affidavit from a qualified medical expert filed alongside your lawsuit, supporting your specific allegations against each provider. Without it, the court is required to dismiss the case, so this has to be in place before filing, not after.
What happens if my malpractice lawsuit gets dismissed for missing the affidavit?
The dismissal is without prejudice, meaning you’re allowed to refile rather than being permanently barred. But Nevada’s statute of limitations keeps running during that gap. In Egan v. Chambers, a real Nevada Supreme Court case, a dismissal for missing the affidavit happened after the limitations period had already expired, leaving the plaintiff unable to refile.
How long do I have to file a medical malpractice claim in Nevada?
For injuries on or after October 1, 2023, NRS 41A.097 gives you 3 years from the date of injury or 2 years from when you discover it, whichever comes first. That deadline works differently than the standard personal injury statute of limitations used for car accidents and other claims.
Does Nevada's rule that pauses a minor's filing deadline apply to malpractice claims?
No, not the way it does for other injury claims. Under NRS 41A.097(5), a parent or guardian must decide whether to pursue a malpractice claim within the standard filing period, and the child generally can’t revive it later by turning 18. The only exceptions are brain damage or a birth defect, extended until age 10, and sterility, extended to 2 years after the child discovers the injury.
Is there a cap on medical malpractice damages in Nevada, and has it held up in court?
Yes to both. NRS 41A.035 caps noneconomic damages like pain and suffering at $590,000 as of 2026, rising to $750,000 by 2028. Economic damages have no cap. The Nevada Supreme Court upheld the cap’s constitutionality in Tam v. Eighth Judicial District Court (2015) and confirmed it applies once per incident, not separately per plaintiff or defendant.
Are punitive damages available in a Nevada medical malpractice case?
Only in cases involving more than ordinary negligence. NRS 42.005 requires clear and convincing evidence of fraud, malice, or oppression, conduct showing the provider knowingly or recklessly disregarded patient safety, not just an honest mistake. When available, they’re capped at three times compensatory damages above $100,000, or $300,000 below that.
Can multiple doctors or a hospital share liability in a Nevada malpractice case?
Yes, but not jointly. NRS 41A.045 requires each negligent provider to pay only their own percentage share of the judgment, rather than any single defendant being responsible for the entire amount. That’s different from how liability works in most other Nevada personal injury claims.
Will my malpractice case go through Nevada's mandatory arbitration program?
No. Medical and dental malpractice cases are specifically exempt from Nevada’s mandatory nonbinding arbitration program under NRS 38.250 and the Nevada Arbitration Rules, so the case proceeds directly through standard district court litigation.
Can I still recover compensation if I was partly at fault for my own injury?
Yes, as long as you’re found 50 percent or less at fault under NRS 41.141. Your recovery is reduced by your percentage of fault rather than eliminated, unless that share crosses 51 percent.
How long does a Nevada medical malpractice lawsuit typically take?
Longer than most personal injury cases, given the affidavit requirement and the complexity of expert testimony. Nevada law also requires malpractice cases to reach trial within 3 years of filing under NRS 41A.061, so once filed, the case moves on a defined timeline rather than an open-ended one.
Areas We Cover
Serving accident victims throughout Southern Nevada, we provide dedicated legal representation to clients in communities across the region. No matter where your accident occurred, you have access to experienced local accident attorneys who know Nevada law and procedure. Below are just some of the cities and neighborhoods we service nearby:
- Angel Park
- Blue Diamond
- Boulder City
- Centennial Hills
- Charleston Heights
- CityCenter
- Desert Shores
- Downtown Las Vegas
- Downtown South
- East Las Vegas
- Enterprise
- Kyle Canyon
- Henderson
- Lake Las Vegas
- Las Vegas
- Lone Mountain
- Harry Reid International Airport
- North Las Vegas
- Northwest Las Vegas
- Paradise
- Rhodes Ranch
- Southern Highlands
- Spring Valley
- Summerlin
- Summerlin South
- Summerlin West
- Sunrise Manor
- Sun City Summerlin
- The Lakes
- The Pueblo
- The Springs
- West Las Vegas
- Whitney
- Winchester
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