2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 41A.071 Dismissal of action filed without affidavit of medical expert.

Statutory Text

If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:

1.  Supports the allegations contained in the action;

2.  Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;

3.  Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and

4.  Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

(Added to NRS by 2002 Special Session, 8; A 2015, 2527)

NV Rev Stat § 41A.071 – Last Verified March 2026

Plain English Explanation

In Nevada, if you want to sue a doctor or other healthcare provider for professional negligence, you cannot simply file a lawsuit and let things play out. The law requires you to include a very specific document when you first file your case, or the court will throw it out.

That document is called an affidavit from a medical expert. Think of it like a permission slip from a qualified doctor that says your case has real merit before it even gets started.

The medical expert who writes this affidavit needs to actually practice, or have practiced, in a field that is closely related to what the defendant was doing when the alleged negligence happened. You cannot have a foot doctor sign off on a brain surgery case, for example.

The affidavit itself has to do a few important things. It needs to back up the claims you are making in your lawsuit. It also has to identify each healthcare provider you are accusing, either by their name or by describing what they specifically did. Most importantly, it must spell out in clear and simple terms exactly what each defendant did wrong, keeping each person’s alleged actions separate from the others.

If you file your lawsuit without this affidavit, the district court is required by law to dismiss your case without prejudice. Without prejudice means the case is thrown out but you are not permanently blocked from trying again. You would just need to refile correctly with the proper paperwork in place.

The purpose of this requirement is to make sure medical malpractice cases have real support from a qualified professional before they move forward in court.

Frequently Asked Questions About NRS 41A.071

What happens if you file a medical malpractice lawsuit in Nevada without an expert affidavit?

The district court is required to dismiss your case. This dismissal is “without prejudice,” which means you are not permanently barred from pursuing your claim. You would need to refile your lawsuit and include the proper affidavit from a qualified medical expert before the court will allow your case to move forward.

Who qualifies as a medical expert for the affidavit in a Nevada malpractice case?

The expert must practice or have previously practiced in a field that is substantially similar to the area of medicine involved in your case. The idea is that the person reviewing and vouching for your claims needs to have real, relevant experience in that specific type of medical practice.

What information does the medical expert affidavit need to include in Nevada?

The affidavit needs to support your allegations, identify each healthcare provider being accused either by name or by describing their conduct, and clearly lay out the specific act or acts of negligence for each defendant separately. The language used must be simple, concise, and direct.

Can you refile a Nevada medical malpractice case after it gets dismissed under this statute?

Yes. Because the dismissal is without prejudice, you are legally allowed to refile. However, you should be mindful of Nevada’s statute of limitations for medical malpractice cases, since the clock does not stop simply because your first filing was dismissed.

Does this affidavit requirement apply to all healthcare providers in Nevada?

Yes. NRS 41A.071 applies broadly to professional negligence actions filed in district court, meaning it covers doctors, surgeons, nurses, and other healthcare providers who are named as defendants in a malpractice lawsuit.

If you believe you have a medical malpractice case in Nevada, the experienced team at Wooldridge Law Injury Lawyers can help you navigate the strict filing requirements before time runs out. Reach out today for a free consultation and let us fight to protect your rights.