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Does Nevada place a cap on damages in medical malpractice cases?
Yes. Like a lot of states in the U.S., Nevada has a law on the books that limits (or “caps”) non-economic damages in medical malpractice cases, effectively limiting the amount of money that a successful plaintiff can receive, even after a jury has heard all the evidence at trial and found the defendant liable for medical malpractice.
Nevada's cap on non-economic damages in medical malpractice cases is set at $350,000. That is the maximum amount that each plaintiff may receive from each defendant as compensation for non-economic damages. You can find this law codified at Nevada Revised Statutes section 41A.035.
So, what are non-economic damages? They are meant to compensate the plaintiff for the negative effects of medical malpractice that aren't easily calculable; losses that are more subjective from plaintiff to plaintiff. They include compensation for pain and suffering, stress and anxiety, loss of enjoyment of life, scarring and disfigurement, and similar harm caused by the defendant's malpractice.
It's important to keep in mind that Nevada's cap on medical malpractice damages does not apply to economic damages, which are losses that include the plaintiff's past medical bills, cost of future medical care, reimbursement of lost earnings, compensation for harm to the plaintiff's ability to work because of the malpractice, and any other provable losses that can be tied to the malpractice and/or to the medical treatment that was made necessary by it.
by: David Goguen, J.D.
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