Nevada · Medical malpractice · Updated
Medical malpractice cases in Nevada: the rules and the lawyers
The deadline to file, the fault rule and the other Nevada rules that matter for a medical malpractice case, each with the law it comes from. This is general information, not advice about your case.
We don’t list firms in Nevada that take medical malpractice cases yet.
At a glance
Checked 6 Nov 2026 · Not legal advice
Deadline to file
3 years from injury or 2 from discovery, whichever first
In Nevada, for an injury or death occurring on or after October 1, 2023, an action 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 reasonably should have discovered the injury, whichever occurs first1. For injuries from October 1, 2002 through September 30, 2023, the discovery period is 1 year1. The period is tolled while the provider conceals the act, error or omission1.
That is the deadline for medical malpractice cases. The usual deadline for other injury claims in Nevada is 2 years.
If you were partly at fault
51% bar
In Nevada, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
Firms we list
0 firms
None yet for medical malpractice cases.
Know this first
Step 1: Two years to file in court
2 yearsfor most injury lawsuits
In Nevada, most injury lawsuits must be filed in court within two years3.
When the clock starts, and whether an exception applies, can depend on the facts. A lawyer can tell you your exact date.
The law, as written
Personal injury2 years
In Nevada, an action to recover damages for injuries to a person caused by the wrongful act or neglect of another must be commenced within 2 years3.
More detail
Nev. Rev. Stat. § 11.190(4)(e) carves out NRS 11.215 and 11.217, which set separate periods for injuries from sexual abuse or exploitation of a minor3.
If a government body was involved
Step 2: Claims against the state or a local government
If a government vehicle, government property or a public employee was part of what happened, a shorter notice or claim step may come first. Ask a lawyer about it early.
The law, as written
Claims against the State and local government2-year claim filing; not a condition precedent
In Nevada, a tort claim against the State or its agencies must be filed with the Attorney General within 2 years after the cause of action accrues2, and a tort claim against a political subdivision must be filed with its governing body within 2 years2. Under Nev. Rev. Stat. § 41.036(3), that filing “is not a condition precedent to bringing an action pursuant to NRS 41.031”2.
More detail
In Nevada, a tort action against a public officer or employee for acts within the scope of public duties may not be brought unless the State or the political subdivision is named as a party defendant2. An action against the State must be brought in the name of the State on relation of the agency, and served on the Attorney General and the agency's administrative head2.
How fault is counted
Step 3: If you were partly at fault
51% bar
In Nevada, if you are found more than 50% at fault, you generally can’t recover. If not, what you get is cut by your share2.
The law, as written
Bar to recovery51% bar
In Nevada, a plaintiff's comparative negligence does not bar recovery “if that negligence was not greater than the negligence or gross negligence of the parties to the action against whom recovery is sought”2. The jury is instructed that the plaintiff may not recover if the plaintiff's negligence is greater than the negligence of the defendant or the combined negligence of multiple defendants2.
If a doctor, hospital or clinic was involved
Step 4: Medical malpractice has its own limits
Claims against a doctor, hospital or clinic often have their own deadline and extra steps before filing.
The law, as written
Medical malpractice3 years from injury or 2 from discovery, whichever first
In Nevada, for an injury or death occurring on or after October 1, 2023, an action 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 reasonably should have discovered the injury, whichever occurs first1. For injuries from October 1, 2002 through September 30, 2023, the discovery period is 1 year1. The period is tolled while the provider conceals the act, error or omission1.
If they were a minor
Step 5: If the injured person is a child
The clock can run differently for a child’s claim.
The law, as written
MinorsTolled until 18
In Nevada, if the person entitled to bring an action was under 18 when the cause of action accrued, the time of that disability “shall not be a part of the time limited for the commencement of the action”3.
More detail
Medical malpractice is different in Nevada: a minor may not sue a provider after the disability ends if the parent, guardian or custodian failed to sue within the period, except that the period runs until age 10 for brain damage or birth defect, and until 2 years after discovery for sterility1.
Next
Step 6: What to do with this
- Write down the datesThe day you were hurt, the day treatment ended, and anything a government body or hospital sent you.
- Ask a lawyer about your factsThese rules have exceptions that depend on details. A lawyer licensed in Nevada can tell you which ones apply.
- Ask each firmWhich deadline applies to me, does a notice need to go out, and by when?
More Nevada rules
This page keeps to the rules that matter most for a medical malpractice case. The Nevada page has all of them.
Injured in Nevada: all deadlines and rules
Other case types in Nevada:
After a medical malpractice: the general guide
What to do if you think a doctor, hospital or clinic hurt you: get care, get your records, and learn the extra steps and short deadlines that medical-malpractice claims often have, state by state.
How to check a lawyer’s license in Nevada
Each state keeps a public list of lawyers. Before you hire anyone, look the lawyer up by name and read what the listing says about their license. If it isn’t clear, call the office that keeps the list.
How we list firms
How we list firms
We don’t rank firms. Listing is free and doesn’t depend on buying anything.
Firms are listed for free, in A–Z order, when they say they take medical malpractice cases. Every fact shows its source and date. We don’t recommend lawyers, and we don’t pass on your details.
Sources
Where the legal facts on this page come from
- Nev. Rev. Stat. ch. 41A (professional negligence)Read the source: Nev. Rev. Stat. ch. 41A (professional negligence)
- Nev. Rev. Stat. ch. 41Read the source: Nev. Rev. Stat. ch. 41
- Nev. Rev. Stat. ch. 11 (limitation of actions)Read the source: Nev. Rev. Stat. ch. 11 (limitation of actions)
This is general information, not legal advice.