Nevada Medical Malpractice Settlement Amounts

This page digs into medical malpractice lawsuits in Nevada. Our lawyers focus on the potential settlement amounts victims see, often strong settlements in spite of Nevada’s cap on noneconomic damages.

The aim is to provide you with an understanding of what your medical negligence claim might be worth in terms of a settlement or jury payout. Our lawyers also explain Nevada’s medical malpractice laws in layman’s terms, as if we were explaining them to you directly, not as an explanation for a Nevada malpractice attorney.

If you have a potential claim, you want to know what it it worth. The main objective of any personal injury or wrongful death claim is to secure financial compensation.

One thing to bear in mind is that, while it might be tempting to equate your case to another, even one that seems strikingly similar, you cannot extrapolate the value of your case by comparing it to any single other case. It is amazing how distinct each malpractice lawsuit and the hidden nuances that drive the settlement amount of a given case.

With that caveat, our malpractice lawyers believe this will help you better comprehend the range of values for your case by looking at other jury verdicts and settlement amounts in Nevada medical malpractice lawsuits. Examining similar cases and statistics can offer a clearer picture of what your injury claim might be worth. That’s why we’ve gathered this information, and why you’re here, even though statistics and examples provide only a portion of the whole picture.

Nevada Medical Malpractice Verdicts and Settlements

  • 2023, Nevada: $47 Million Verdict: A jury awarded a verdict of $47 million to a  young mother who suffered permanent brain damage due to doctors’ negligence in treating her sodium imbalance. But the plaintiff will only see 35% of the total award due to the jury’s allocation of liability to settled defendants and Nevada’s $350,000 malpractice cap on pain and suffering damages Over $12.5 million of the total damages are for past and future medical expenses and loss of earnings capacity, not subject to the cap.
  • 2020, Nevada: $133,000 Settlement. A 50-something man suffered acute gallstone pancreatitis. He presented to the ER. The man was prescribed Clindamycin. He developed sepsis. The man died from his injuries. His family alleged negligence against the ER physician. They claimed he negligently prescribed Clindamycin. This case settled for $133,000.
  • 2019, Nevada: $10,404,423 Verdict. A 38-year-old man experienced right wrist pain. He presented to a hand surgeon. The man was diagnosed with a scaphoid fracture. His physician recommended revision surgery. The man underwent a scaphoid excision instead. His symptoms worsened. The man sustained severe emotional distress, pain and suffering, and anxiety. He alleged negligence against the hand surgeon. The man claimed he misdiagnosed him with a scaphoid fracture, misrepresented the procedure, and failed to receive his informed consent. He received a $10,404,423 verdict.
  • 2019, Nevada: $13,640,480 Verdict. A woman underwent a laparoscopic-assisted hernia repair. She developed sepsis. The woman sustained a bilateral foot drop. She underwent a temporary colostomy. The woman alleged negligence against the general surgeon. She claimed he improperly performed the procedure and provided substandard post-operative care. The woman received a $13,640,480 verdict.
  • 2019, Nevada: $104,775 Verdict. A boy suffered a head laceration. He sought treatment at a hospital. The boy experienced complications. His parents alleged that the hospital staff’s negligent medical care caused his injuries. This case settled for $104,775.
  • 2019, Nevada: $1,780,500 Verdict. A man underwent a coronary angiogram. Ten years later, he discovered that the guide wire used in the procedure remained in the thoracic aorta. The man alleged negligence against the heart surgeon. He claimed he failed to properly remove the catheter and identify the guide wire as missing. The man received a $1,780,500 verdict.
  • 2019, Nevada: $5,771,495 Verdict. A 55-year-old woman underwent a hernia repair. Following the procedure, she sustained a gastric perforation. The woman developed an infection. Her blood circulation was compromised. She underwent bilateral foot amputations. The woman alleged negligence against the general surgeon. She claimed he misdiagnosed her condition and negligently performed the hernia repair. The jury awarded $5,771,495.
  • 2019, Nevada: $48,630,000 Verdict. A 29-year-old woman experienced a sickle cell crisis. She presented to the hospital. She developed acute kidney failure and prolonged hyperkalemia. The woman went into cardiac arrest. She died four days later. The woman’s family alleged negligence against the hospital. They claimed its staff failed to properly address her deteriorating condition. The jury awarded $48,630,000.
  • 2017, Nevada: $12,500,000 Verdict. A newborn boy suffered anoxic brain damage and fetal hypoxemia. He developed cerebral palsy. The boy’s mother alleged negligence against the hospital. She claimed its staff prolonged her labor, failed to address a uterine rupture, delayed an emergency C-section, failed to timely intubate her son, and failed to provide brain cooling treatments. The jury awarded $12,500,000.
  • 2017, Nevada: $739,000 Verdict. A 69-year-old man underwent a cholecystectomy. He sustained a perforated bowel and severe necrotic peritonitis. The man developed sepsis. He died several weeks later. The man’s family alleged negligence against the surgeon. They claimed she failed to offer alternative treatments and carefully inspect him after the surgery. The jury awarded $739,000.
  • 2016, Nevada: $650,000 Verdict. A 15-year-old girl underwent a left middle finger mass removal. During the procedure, the orthopedic surgeon placed a tourniquet around the finger. The girl’s finger became discolored. She was discharged without having the discoloration addressed. One month later, the girl underwent a finger amputation. Her family alleged negligence against the orthopedic surgeon. They claimed he negligently used the tourniquet and failed to warn the girl of the amputation risk. The family received $650,000.
  • 2016, Nevada: $7,500,000 Settlement. A newborn sustained hypoxic-ischemic encephalopathy. He developed seizures. The boy’s mother alleged negligence against the hospital. She claimed its staff failed to address fetal tachycardia, provide antibiotics to treat Group B strep, timely administer IV antibiotics, timely perform a C-section, and timely resuscitate her son. This case settled for $7,500,000.
  • 2015, Nevada: $4,286,300 Verdict. A 20-year-old college football player suffered an L5-S1 injury. He underwent surgery. The surgeon performed a microdiscectomy and laminectomy on his L4-5 disc, which was healthy. Following the procedure, the man suffered severe pain. He alleged negligence against the surgeon. The man claimed he operated on the wrong disc. A jury awarded him $4,286,300.
  • 2014, Nevada: $901,420 Verdict. A 27-year-old woman suffered from uterine fibroids. She underwent a hysterectomy. The woman suffered a post-surgical infection. Her bowels became necrotic and gangrene. The woman underwent additional procedures, including an ileostomy. She alleged negligence against the surgeon. The woman claimed he injured her bowel and failed to timely treat her infection. She received $901,420.

Nevada Medical Malpractice Law

Nevada Medical Malpractice Statute of Limitations

In Nevada, the statute of limitations for medical malpractice lawsuits generally requires that a lawsuit be filed within three years from the date of the injury or one year from when the injury was discovered or should have been discovered, whichever occurs first.

It is a brutal rule for plaintiffs.  The Nevada legislature really wants to make it difficult to bring a medical malpractice lawsuit in Nevada.

There are several exceptions to this rule that can extend the time limit for filing a lawsuit:

  1. Discovery Rule: If the injury wasn’t discovered and couldn’t reasonably have been discovered within the standard time frame, the one-year discovery rule may allow for the lawsuit to be filed within a year of when the injury was or should have been discovered. But there is still the three year statute of repose to deal with in malpractice cases in Nevada.
  2. Minor Children: For injuries to minor children, the statute of limitations may be extended. In some cases, the time limit doesn’t begin until the child reaches the age of majority (18 years old), but specifics can vary, especially concerning birth injuries.  Our birth injury lawyers drill down on Nevada Revised Statutes 41A.097(3)(a), as amended in 1995,  which tells us the time limit to file a lawsuit against a healthcare provider on behalf of a child who suffered birth defects or brain injury is until the child turns 10 years old.
  3. Fraud or Concealment: If the healthcare provider has fraudulently concealed the malpractice, the statute of limitations may be tolled (paused) until the patient discovers or should have discovered the malpractice through reasonable diligence.
  4. Foreign Objects: In cases where a foreign object (such as a surgical instrument or sponge) is left in a patient’s body, the statute of limitations may not start until the object is discovered, depending on specific circumstances.
  5. Continuous Treatment: Nevada will sometimes allow for an extension of the statute of limitations if the patient continues to receive treatment from the same healthcare provider for conditions related to the alleged malpractice. This doctrine is intended to not penalize patients for continuing to seek corrective or ongoing care from their healthcare providers.

What our lawyers find is that most victims who think they fall under an exception to the statute of limitations really do not.  So you really do want to talk to a Nevada medical malpractice lawyers to understand how these rules might apply to their specific situation, as interpretations of the law can vary and exceptions can be complex.

Nevada Malpractice Cap

In Nevada, there’s a $350,000 cap on non-economic damages in medical malpractice cases. This cap, which is one of the worse in the nation, is outlined in Nevada Revised Statutes (NRS) 41A.035.  There is not a cap on economic damages which is why Nevada birth injury lawsuits can be worth a great deal.

Most Nebraska medical malpractice insurance policies provide coverage of $1 million per occurrence.  Of course, hospitals have plenty of assets.

Nevada Malpractice Collateral Source Rule

Nevada Revised Statutes Section 42.021(1) changes the old rule about using certain payment information in court for medical mistake cases. It says you can now show evidence in court about payments from other sources (like insurance) that have been made for medical expenses.

But there’s a catch.  There is always a catch in Nevada malpractice law. According to Section 42.021(2), if you do show this evidence, the company or person who paid those expenses can’t ask the injured person to give them any money back from what they win in court.

This law is designed to make sure that when a jury decides how much money the injured person should get, they will not reduce the amount thinking that the injured person will have to pay back the insurance or other benefits they received.

Contact Information