Nevada · Medical Malpractice
Nevada medical malpractice damage caps and statute of limitations
Refreshed 2026. $590,000 (2026) damage cap. 4 years from injury OR 2 years from discovery, whichever is later. Full breakdown below.
Damage caps
NV Rev. Stat. § 41A.035Non-economic damages cap
$590,000 (2026)
Total damages cap
None
Status
active
Notes
Increases $80,000/year through Jan 1, 2028 ($750,000). After 2028, 2.1% annual inflation adjustment. Cap is per defendant. Does not apply if provider acted with fraud, malice, or oppression.
Statute of limitations
NV Rev. Stat. § 41A.097Standard SOL
4 years from injury OR 2 years from discovery, whichever is later
Discovery rule
Yes; dual-track system (AB 404). 4 years from injury or 2 years from discovery, whichever provides more time.
Statute of repose
4 years from injury (but discovery track may extend beyond)
Minor exception
As of Oct 1, 2023: SOL no longer tolled during minority for medical malpractice claims. Previously tolled until age 18.
Wrongful death SOL
2 years from date of death
Notes
Significant 2023 change: minors no longer get automatic tolling. Pre-suit affidavit of merit required.
Beyond the lookup: Nevada venue intelligence
Med-mal attorneys filing in Nevada use Medistill for the next layer: state-specific verdict distributions, closed claims studies by specialty, NPDB-derived settlement bands, expert witness rosters with Daubert history, and 150+ compliance sources per defendant provider. Free 50 credits to start.
Nevada med-mal FAQ
What is the medical malpractice statute of limitations in Nevada?+
4 years from injury OR 2 years from discovery, whichever is later. Yes; dual-track system (AB 404). 4 years from injury or 2 years from discovery, whichever provides more time. Statute of repose: 4 years from injury (but discovery track may extend beyond). Wrongful death: 2 years from date of death. Significant 2023 change: minors no longer get automatic tolling. Pre-suit affidavit of merit required. Source: NV Rev. Stat. § 41A.097.
Does Nevada have a medical malpractice damage cap?+
Non-economic cap: $590,000 (2026). Increases $80,000/year through Jan 1, 2028 ($750,000). After 2028, 2.1% annual inflation adjustment. Cap is per defendant. Does not apply if provider acted with fraud, malice, or oppression. Source: NV Rev. Stat. § 41A.035.
How does Nevada handle the discovery rule in med-mal cases?+
Yes; dual-track system (AB 404). 4 years from injury or 2 years from discovery, whichever provides more time.
What is the Nevada minor exception for medical malpractice?+
As of Oct 1, 2023: SOL no longer tolled during minority for medical malpractice claims. Previously tolled until age 18.
What is the wrongful death statute of limitations for Nevada medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Nevada damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Nevada attorney before relying on a deadline. Data refreshed May 2026.