Do I need an expert affidavit to sue for malpractice in Nevada?

Yes. NRS 41A.071 requires one with the complaint, and in De Becker v. UHS of Delaware (2024) the Supreme Court confirmed a complaint lacking a proper affidavit cannot be amended to fix it.

Is there a cap on Nevada malpractice damages?

Yes, on noneconomic damages under NRS 41A.035. It was $350,000 when upheld in Tam (2015); the Nevada Supreme Court publishes the current limit.

How long do I have to file a malpractice claim in Nevada?

Under recent amendments to NRS 41A.097, some claims may be filed within two years after the injury is or should have been discovered, as the Supreme Court noted in Boman v. Elkanich (2024). Check the version of the statute that applies to the date of your care.

What is the statute of limitations for medical negligence claims in Nevada?

2 years for personal injury; 3 years for medical malpractice. Source: Nev. Rev. Stat. § 11.190. Filing after the period expires generally bars the claim absent a tolling exception.

★ Nevada · medical negligence

Medical negligence settlements
in Nevada.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 28 September 20269 min read

Nevada malpractice cases are shaped by a 2004 ballot measure, Keep Our Doctors in Nevada. It capped noneconomic damages, made each provider liable only for its own share, and sits alongside a strict rule that the complaint must come with an expert affidavit.

Facts that decide a medical negligence claim in Nevada

Expert affidavit	A malpractice complaint must be filed with a supporting medical expert affidavit. A complaint without a proper one cannot be fixed by amendment and is dismissed.NRS 41A.071; De Becker v. UHS of Delaware (Nev. 2024); Monk v. Ching (Nev. 2023)
Noneconomic cap	The 2004 law set the cap at $350,000, and the Supreme Court upheld it against a jury trial challenge. The limit has since changed, and the Nevada Supreme Court publishes the current figure.NRS 41A.035; Tam v. Eighth Judicial District Court (Nev. 2015)
Several liability	Each health care provider pays only its own share of fault, and may point to the fault of providers who settled.NRS 41A.045; Piroozi (Nev. 2015)
Deadline to sue	Recent amendments extend the deadline for some claims to two years after the injury is or should have been discovered.NRS 41A.097, as noted in Boman v. Elkanich (Nev. 2024)
The cap and professional entities	The Supreme Court addressed in 2024 whether the cap applies to a doctor’s professional corporation as well as the doctor.Nevins v. Martyn (Nev. 2024)

united states · sister site

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★ NV · reported medical negligence outcomes

What Nevada courts have awarded.

Real Nevada decisions and verdicts, each linked to the court record or official report.

Nevins v. Martyn
Nevada Supreme Court · 2024
Judgment on the verdict affirmed
During surgery on a fracture of the upper arm near the elbow, a burn to the radial nerve left the patient with permanent radial nerve palsy. After a first trial was set aside for juror misconduct, the patient offered to settle for $1,000,000 and then $750,000, and the defense refused. The Supreme Court affirmed the judgment on the second verdict, after addressing the res ipsa loquitur instruction given at trial.
Tam v. Eighth Judicial District Court
Nevada Supreme Court · 2015
Cap of $350,000 upheld
The Supreme Court held the noneconomic damages cap in NRS 41A.035 does not violate the right to a jury trial, and decided how it applies across multiple causes of action.

★ NV · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Nevada.

1
File the affidavit with the complaint, and get it right. De Becker confirms that a complaint with a deficient expert affidavit cannot be cured by amendment. Monk lost claims against three defendants on that ground.
2
The cap and several liability together limit what one provider pays for pain and suffering. The real negotiation in a serious Nevada malpractice case is often over economic losses and over which providers carry what share.
3
Offers of judgment matter. In Nevins the patient offered to settle for $1,000,000 and then $750,000, the defense rejected both, and the verdict was affirmed, which can expose the defense to fees and costs under Nevada’s offer rules.

★ NV · statute of limitations

2 years for personal injury; 3 years for medical malpractice

Nev. Rev. Stat. § 11.190

★ NV · fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ NV · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Nevada.

Medical malpractice cap
Med-mal claims
Rises each year under AB 404 (2023); the Nevada Supreme Court publishes the current limit
Nev. Rev. Stat. § 41A.035

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Nevada's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

Jurisdiction	Fault rule	Limitation	Medical negligence page
Nevada · you are here	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice	—
Oregon	Modified comparative, 51% bar	2 years from date of injury	OR · medical negligence →
Utah	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	UT · medical negligence →
Washington	Pure comparative negligence	3 years from date of injury	WA · medical negligence →
Wyoming	Modified comparative, 51% bar	4 years from date of injury	WY · medical negligence →
Alaska	Pure comparative negligence	2 years from date of injury or discovery	AK · medical negligence →
California	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)	CA · medical negligence →
New Hampshire	Modified comparative, 51% bar	3 years from date of injury	NH · medical negligence →
New Jersey	Modified comparative, 51% bar	2 years from date of injury	NJ · medical negligence →
Ohio	Modified comparative, 51% bar	2 years from date of injury	OH · medical negligence →
Oklahoma	Modified comparative, 51% bar	2 years from date of injury	OK · medical negligence →
New Mexico	Pure comparative negligence	3 years from date of injury	NM · medical negligence →
New York	Pure comparative negligence	3 years for personal injury; 2 years 6 months for medical malpractice	NY · medical negligence →

★ NV · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Do I need an expert affidavit to sue for malpractice in Nevada?
Yes. NRS 41A.071 requires one with the complaint, and in De Becker v. UHS of Delaware (2024) the Supreme Court confirmed a complaint lacking a proper affidavit cannot be amended to fix it.
Is there a cap on Nevada malpractice damages?
Yes, on noneconomic damages under NRS 41A.035. It was $350,000 when upheld in Tam (2015); the Nevada Supreme Court publishes the current limit.
How long do I have to file a malpractice claim in Nevada?
Under recent amendments to NRS 41A.097, some claims may be filed within two years after the injury is or should have been discovered, as the Supreme Court noted in Boman v. Elkanich (2024). Check the version of the statute that applies to the date of your care.
What is the statute of limitations for medical negligence claims in Nevada?
2 years for personal injury; 3 years for medical malpractice. Source: Nev. Rev. Stat. § 11.190. Filing after the period expires generally bars the claim absent a tolling exception.

united states · sister site

Your medical negligence claim in Nevada. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-28.

★ all of NV

Nevada overview

Fault rule, statute, caps, and key facts for Nevada as a whole.

★ national frame

Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries

Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Nevada. See /methodology, /sources, and /disclaimer.

Medical negligence settlementsin Nevada.

Facts that decide a medical negligence claim in Nevada

Sources

Medical negligence settlements
in Nevada.