Skip to Main Content

What Is the Statute of Limitations for Medical Malpractice in Nevada?

What Is the Statute of Limitations for Medical Malpractice in Nevada?

What Is the Statute of Limitations for Medical Malpractice in Nevada?

A statute of limitations defines the amount of time during which an injured party is eligible to file a claim against a defendant. This time limit keeps the justice system moving and prevents individuals from waiting until important evidence is lost or destroyed. Every state has laws regarding its statute of limitations, which may vary based on the type of claim and the specific circumstances involved.

If you believe you suffered harm at the hands of a negligent medical practitioner in Nevada, it is vital to understand the statute of limitations for these claims, so you do not miss your filing window. Failure to file within the allowed time will almost always result in a dismissal of your claim, leaving you without any legal recourse.

What is the Filing Limit for Nevada Medical Malpractice Claims?

Under Nevada state law, the statute of limitations is one year from the date you discovered or should have discovered your injury, or three years from when the malpractice occurred, whichever is sooner. The same limits also apply in most cases where a parent is filing a claim on behalf of their child. Unfortunately, this generally means that if you don’t realize that you or your child had an injury until after three years have passed, you cannot bring a medical malpractice lawsuit. Nevada medical patients should be extra vigilant after medical procedures and follow up promptly with a different trusted doctor if there are any signs of an issue.

Are There Any Situations Where the Time Limit May Be Extended?

While you should always try to file your medical malpractice claim as soon as possible, there are a few rare cases where the statute of limitations may be extended. If there is evidence that your medical provider knowingly concealed their malpractice and prevented you from discovering your injury, you would have a year from the time you finally discovered the injury to file your claim.

If the victim of the malpractice was a child and the malpractice resulted in a birth defect or brain damage, the statute of limitations is extended until the child’s tenth birthday. This extra time allows families to discover the extent of the injuries and how it is impacting their child’s development. If a child suffers a malpractice injury that results in sterility, they have two years from the time they discover the injury to file a claim. There may be other cases where extenuating circumstances allow for an extension of the filing limit. However, you should always consult with a knowledgeable medical malpractice lawyer to understand your legal options.

How Can a Medical Malpractice Lawyer Help You?

It is in your best interests to speak with a medical malpractice lawyer as soon as you suspect that you or a loved one has suffered an injury. While there are some exceptions to the statute of limitations, it is often strictly enforced by the Nevada courts. A lawyer will ensure that all necessary documents, including an affidavit of merit, are obtained and filed in a timely manner. This protects your right to recover compensation for the injuries you suffered as a result of the malpractice. Contact our law office today to schedule a free consultation on your case: (702) 707-5934.

Get A 100% Free Case Evaluation From A Top-Rated Personal Injury Attorney Call: (702) 707-5934 or Contact Us Online

$9M

Settlement / Auto Accident

$5.1M

Settlement / Tire Explosion

$3M

Settlement / Truck Accident

★★★★★

“After being in an accident my friend told me to call High Stakes Injury Law. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”

★★★★★

“If you are in need of a wonderful law firm to handle your personal injury case please read this. Three years ago I was that person. I had never filed a lawsuit in the 30 years that I lived in Las Vegas Nevada… trust in this firm, they will not disappoint you and you will feel the confidence that you need to feel in your attorney.”

★★★★★

“Excellent service. I was in a car accident, and from the very beginning all the way to the end, they answered all my questions and guided me step by step. The communication was phenomenal. This firm really took care of me. I highly recommend High Stakes Injury Law.”

★★★★★

“Very professional and friendly. A hassle-free process from the beginning. Very easy to communicate with, unlike some law firms that won’t even return your calls. I would definitely use their services again if needed.”

See All Client Reviews
book

I Was Injured In An Accident. What Do I Do Now?

By Scott L. Poisson

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases