Medical malpractice in Nevada
A published noneconomic maximum
Nevada medical malpractice claims for an injury on or after October 1, 2023 generally must be filed by the earlier of three years after the injury or two years after discovery. They need a medical expert affidavit with the complaint. Noneconomic damages face a rising ceiling that the Nevada Supreme Court publishes each year. For 2026, that published maximum is $590,000.
Last reviewed September 22, 2026
- Noneconomic max
- $590,000
- Usual filing window
- 3 years
- Expert affidavit
- Required
2026 published maximum. One limit for the action
Or 2 years from discovery, whichever comes first
File it with the complaint
Damage caps
For 2026, noneconomic damages in a professional-negligence action against a health care provider generally may not exceed $590,000, no matter how many plaintiffs, defendants, or legal theories are involved. Economic damages such as medical bills and lost earnings are not capped by that statute. Each defendant is generally liable only for its own share of fault.
Not capped
Economic damages
Economic damages, including medical care, lost earnings, and loss of earning capacity, are not capped by NRS 41A.035. They are limited by proof and by several liability.
Capped
Noneconomic damages
In an action for injury or death against a provider of health care based on professional negligence, noneconomic damages may not exceed the published maximum, regardless of the number of plaintiffs, defendants, or theories. The statute starts at $350,000 and adds $80,000 on each January 1 from 2024 through 2028, when the amount reaches $750,000. Beginning January 1, 2029, the maximum increases by 2.1 percent each January 1, rounded to the nearest dollar. The Nevada Supreme Court publishes the yearly figure. For 2026, the published maximum is $590,000.
Use the published calendar-year maximum, not the older flat $350,000 figure, as the current ceiling. The cap does not stack once per defendant. Confirm the year that controls, and the figure the court has published for that year, before relying on a later increase.
NRS 41A.045 makes each defendant severally liable only for its percentage of negligence, for both economic and noneconomic damages. Several liability changes the share. It does not create a separate noneconomic cap for each defendant. The noneconomic maximum remains one limit for the action.
Published noneconomic maximum by year
The statute steps the maximum up by $80,000 at the start of each year from 2024 through 2028. The Nevada Supreme Court publishes the figure. The 2026 row matches the amount that court lists for this review year. These are statutory maximums, not payment averages.
| Milestone | Noneconomic maximum | How it applies |
|---|---|---|
| Calendar year 2024 | $430,000 | One limit for injury or death |
| Calendar year 2025 | $510,000 | One limit for injury or death |
| Calendar year 2026Review year | $590,000 | One limit for injury or death |
| Calendar year 2027 | $670,000 | One limit for injury or death |
| Calendar year 2028 | $750,000 | One limit for injury or death |
The 2026 amount of $590,000 is the figure published by the Nevada Supreme Court for that year under NRS 41A.035(4). Earlier and later rows follow the statute: $350,000 plus $80,000 on each January 1 from 2024 through 2028. Beginning January 1, 2029, the maximum increases by 2.1 percent a year, rounded to the nearest dollar. Use the published figure for the year that applies. The limit does not stack by plaintiff, defendant, or theory.
Filing deadlines
For an injury on or after October 1, 2023, file within three years of the injury or two years of discovery, whichever comes first. Concealment can toll the clock. File the required expert affidavit with the complaint or risk dismissal without prejudice.
- Current injuries
For an injury on or after October 1, 2023, an action may not be commenced more than three years after the date of injury, or more than two years after the plaintiff discovers or through reasonable diligence should have discovered the injury, whichever occurs first.
- Earlier injuries
For an injury on or after October 1, 2002, and before October 1, 2023, the deadline is the earlier of three years from the injury or one year from discovery.
- Concealment
The limitation is tolled for the time the provider conceals any act, error, or omission on which the action is based and which the provider knew or through the use of reasonable diligence should have known.
- Minors
A parent or guardian is responsible for a timely suit. The statute gives a child with brain damage or a birth defect until the child's tenth birthday, and it gives two years after discovery for an injury that renders the child sterile. Confirm those exceptions on the facts.
- Expert affidavit
The court must dismiss the action without prejudice if a professional-negligence complaint is filed without an affidavit supporting the allegations. A medical expert who practices, or has practiced, in a substantially similar area must identify each allegedly negligent provider and set out the specific negligent acts as to each defendant.
- Bring to trial
Separate from the filing deadline, an action involving professional negligence may be dismissed if it is not brought to trial within three years after filing, absent good cause.
- Settlement conference
The parties, insurers, and attorneys must attend and participate in a settlement conference before a district judge other than the assigned trial judge.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
One published noneconomic ceiling
The 2026 valuation headline is the published maximum of $590,000 for the whole action. It does not reset for each defendant. The older $350,000 figure is the statutory starting point, not the 2026 maximum.
Nevada Supreme Court published limitation (opens in a new tab)
The affidavit comes with the complaint
A missing or thin expert affidavit is the early dismissal trap. Dismissal for that defect is without prejudice, but the filing clock may still be running.
Fault shares do not stack the cap
Several liability limits each defendant to its own percentage of fault. It does not give each defendant a fresh noneconomic maximum.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Nevada case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
The published noneconomic ceiling, several liability, and affidavit quality often shape how a Nevada case is valued.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. NRS 41A.035 caps noneconomic damages in a professional-negligence action against a provider of health care. The base is $350,000, increased by $80,000 on each January 1 from 2024 through 2028, when it reaches $750,000, and then by 2.1 percent each year beginning January 1, 2029. The Nevada Supreme Court publishes the yearly maximum. For 2026, that published maximum is $590,000. It is a single limit regardless of the number of plaintiffs, defendants, or theories. Economic damages are not capped by that statute. Each defendant is severally liable only. For an injury on or after October 1, 2023, the filing deadline is the earlier of three years from injury or two years from discovery. An affidavit of a medical expert must be filed with the complaint.
- NRS Chapter 41A (professional negligence) (opens in a new tab)Accessed September 22, 2026
- Nevada Supreme Court, limitations of noneconomic damages (NRS 41A.035) (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Nevada attorney about the published NRS 41A.035 maximum and the expert affidavit required with the complaint.