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) 444-3228.