2026 Nevada Revised StatutesChapter 41 – Actions And Proceedings In Particular Cases Concerning PersonsNRS 41A.097 Limitation of actions; tolling of limitation.

Statutory Text

1.  Except as otherwise provided in subsection 4, 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, for:

(a) Injury to or the wrongful death of a person occurring before October 1, 2002, based upon alleged professional negligence of the provider of health care;

(b) Injury to or the wrongful death of a person occurring before October 1, 2002, from professional services rendered without consent; or

(c) Injury to or the wrongful death of a person occurring before October 1, 2002, from error or omission in practice by the provider of health care.

2.  Except as otherwise provided in subsection 4, 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, for:

(a) Injury to or the wrongful death of a person occurring on or after October 1, 2002 and before October 1, 2023, based upon alleged professional negligence of the provider of health care;

(b) Injury to or the wrongful death of a person occurring on or after October 1, 2002 and before October 1, 2023, from professional services rendered without consent; or

(c) Injury to or the wrongful death of a person occurring on or after October 1, 2002 and before October 1, 2023, from error or omission in practice by the provider of health care.

3.  Except as otherwise provided in subsection 4, 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 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:

(a) Injury to or the wrongful death of a person occurring on or after October 1, 2023, based upon alleged professional negligence of the provider of health care;

(b) Injury to or the wrongful death of a person occurring on or after October 1, 2023, from professional services rendered without consent; or

(c) Injury to or the wrongful death of a person occurring on or after October 1, 2023, from error or omission in practice by the provider of health care.

4.  This time limitation is tolled for any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to the provider of health care.

5.  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, 2 or 3. 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.

(b) Sterility, the period of limitation is extended until 2 years after the child discovers the injury.

(Added to NRS by 1971, 366; A 1975, 407; 1977, 857, 954, 1082; 1985, 2011; 1989, 424; 1991, 1131; 1993, 2224; 1995, 2350; 1999, 5; 2001, 1107; 2002 Special Session, 8; 2004 initiative petition, Ballot Question No. 3; 2023, 3023)

NV Rev Stat § 41A.097 – Last Verified February 2026

Plain English Explanation

In Nevada, there are strict deadlines for filing a lawsuit against a doctor, hospital, or other healthcare provider. These deadlines depend on when the injury happened and when you found out about it.

If the injury occurred before October 1, 2002, you have up to 4 years from the date of the injury to file a lawsuit. But if you didn’t know about the injury right away, you have 2 years from the moment you discovered it or should have discovered it with reasonable effort. Whichever deadline comes first is the one that applies.

For injuries that happened between October 1, 2002 and September 30, 2023, the deadline shortens. You have 3 years from the date of injury or just 1 year from when you discovered it, again whichever comes first.

Injuries that occurred on or after October 1, 2023 fall under the newest rules. You still have 3 years from the date of injury, but now you get 2 years from the date of discovery rather than just one. This gives people a bit more time if they didn’t realize they were harmed right away.

These lawsuits can be based on a few different situations. The most common is medical negligence, meaning a provider made a mistake that no reasonably careful provider should have made. The deadline also applies if treatment was given without the patient’s consent, or if a provider made an error or left something out during the course of care.

There is an important exception worth knowing. If a healthcare provider hid or concealed the mistake, the clock on the deadline is paused for however long the concealment lasted. So if a provider covered up an error, you are not penalized for time that passed while you had no way of knowing what really happened.

The law also addresses children. Parents or guardians are expected to make reasonable decisions about filing a claim on their child’s behalf within the normal time limits. If they miss the deadline, the child generally cannot sue on their own once they turn 18. However, there are two exceptions. If the child suffered brain damage or a birth defect, the deadline is extended until the child turns 10 years old. If the injury caused sterility, the child has 2 years from the time they discover that injury to file a claim.

Frequently Asked Questions About NRS 41A.097

How long do I have to sue a doctor in Nevada?

It depends on when the injury happened. For injuries occurring on or after October 1, 2023, you have 3 years from the date of the injury or 2 years from the date you discovered the injury, whichever comes first. For injuries between 2002 and 2023, you had 3 years from the injury date or 1 year from discovery. Missing these deadlines typically means losing your right to sue entirely, so acting quickly is important.

What happens if my doctor hid a medical mistake in Nevada?

If a healthcare provider concealed the error, the deadline to file your lawsuit is paused for the entire time the mistake was hidden. This is called tolling. Once the concealment is uncovered, the clock starts running again. This protection exists so that patients are not punished for a provider’s dishonesty.

Can a child sue a doctor in Nevada after turning 18?

Generally no. Nevada law places that responsibility on the child’s parent or guardian, who must file within the normal deadlines. If they fail to do so, the child loses the right to sue after reaching adulthood. The only exceptions involve brain damage or birth defects, where the deadline extends until the child turns 10, and sterility, where the child gets 2 years from the time they personally discover that injury.

What counts as “discovering” an injury under Nevada medical malpractice law?

Discovery does not just mean the moment you personally realize something went wrong. Nevada courts consider when you knew or reasonably should have known about the injury. That means if a reasonable person in your situation would have noticed the problem earlier, the clock may have started then even if you personally did not put the pieces together until later.

Does the Nevada medical malpractice deadline apply to wrongful death cases too?

Yes. The same deadlines that apply to personal injury claims against healthcare providers also apply when medical negligence or a related act causes someone’s death. The family or estate would still need to file within the applicable time limits based on the date the death occurred.

If you believe a healthcare provider harmed you or someone you love, the clock is already ticking and waiting could cost you your right to take action forever. Contact Wooldridge Law Injury Lawyers today to make sure your case is heard before it’s too late.