Health Justice Transformation - Nevada

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$350,000 cap on non-economic damages.

Joint Liability for Multiple Defendants

Yes. Defendants are only severally liable for economic or non-economic damages in medical liability cases.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes. The court must reduce the verdict by the amount of any collateral benefit. Third parties are no longer permitted to recover from the defendant the expenses they have paid on behalf of a medical liability victim.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. When an award equals or exceeds $50,000 in future damages, the court must allow the same to be paid in periodic payments instead of a lump sum, if requested by either party.

Limitation of Plaintiff’s Attorneys Fees

Yes, limited to 40% of the first $50,000; 33.3% of the next $50,000; 25% of the next $500,000; and 15% of amounts over $600,000.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

All parties, their insurers and attorneys must attend and participate in a settlement conference before a district judge who is not assigned to the case. Failure to participate in the settlement conference in good faith is grounds for sanction against the party and his/her attorney.

Standards for Expert Testimony/Witness

Expert testimony is required from a physician licensed to practice medicine in any state who devotes three-fourths of his/her time to the active clinical practice of medicine or its instruction at an accredited university. The expert must be practice in the same or substantially similar areas to the type of practice engaged in at the time of the alleged negligence.