Nevada Medical Malpractice Settlement Calculator
Estimate Nevada medical malpractice settlement — $590K non-economic cap 2026 (escalating to $750K by 2028 under AB 404), NRS §41A.097 SOL, NRS §41A.071 expert affidavit at filing, 35% attorney fee cap.
Nevada medical malpractice claims are governed by NRS 41A.035 (Non-Economic Damages Cap (AB 404, 2023)): Non-economic damages (pain, suffering, emotional distress) capped at $590,000 in 2026. Of the 3 landmark Nevada medical malpractice awards documented on this page, the largest is $48.6M (Murray v. Valley Health System LLC dba Centennial Hills Hospital Medical Center (reversed in part 2024); 2019).
NV: $590K NON-ECONOMIC CAP 2026 (AB 404 2023 — escalating +$80K/yr to $750K by 2028, then 2.1% CPI). 2-yr discovery / 3-yr occurrence SOL §41A.097. Expert affidavit at filing §41A.071. 35% flat attorney fee cap. Modified comparative 51% bar.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Source: NPDB analysis of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Nevada Medical Malpractice — Key Framework
Nevada's medical malpractice landscape was overhauled by Assembly Bill 404 (2023), the first major update to the $350,000 non-economic cap that had stood since the 2004 KODIN (Keep Our Doctors In Nevada) initiative. AB 404 raised the cap to $430,000 in 2024, escalating by $80,000 per year to reach $750,000 by 2028, then indexed at 2.1% CPI thereafter. For 2026, the cap stands at $590,000 on non-economic damages (NRS §41A.035). Economic damages remain uncapped.
SOL post-October 1, 2023: NRS §41A.097 now provides 2 years from discovery / 3 years from occurrence of injury (whichever is earlier). The pre-2023 framework was harsher — 1-year discovery / 3-year occurrence — and still applies to claims that accrued before the AB 404 effective date. Minors under 10 have until age 12 (or 3 years from occurrence, whichever is later). The discovery rule does not toll for foreign-body cases past the 10-year repose.
Expert affidavit required AT FILING under NRS §41A.071 — a supporting affidavit from a medical expert practicing in the same specialty as the defendant must accompany the complaint, identifying each act of negligence and the factual basis. The Nevada Supreme Court's Limprasert v. Pam (2024) decision eliminated the common-knowledge exception, meaning every med-mal complaint now needs an expert affidavit — no exceptions for obvious-negligence cases like wrong-site surgery. Failure to file = dismissal with prejudice.
Key NV Med-Mal Statutes
Nevada med-mal framework key provisions (post-AB 404 2023):
NRS 41A.035
Non-Economic Damages Cap (AB 404, 2023)Standard: Non-economic damages (pain, suffering, emotional distress) capped at $590,000 in 2026. Original cap was $350,000 (enacted by KODA ballot initiative, 2004). AB 404 (2023) added $80,000/year increases through 2028 ($750,000), then 2.1% annual CPI indexing from 2029. Economic damages (medical bills, lost wages, future care) are uncapped. Cap applies regardless of number of plaintiffs, defendants, or liability theories.
NRS 41A.097
Statute of Limitations (AB 404 amended 2023)Standard: For injuries on or after October 1, 2023: 2 years from discovery (or reasonably should have discovered) OR 3 years from act of malpractice, whichever occurs first. Pre-Oct 2023 injuries: 1 year from discovery or 3 years from occurrence, whichever was earlier. Tolled during provider concealment. Minors with brain damage or birth defects: SOL extends until the child's 10th birthday.
NRS 41A.071
Affidavit of Merit (Expert Affidavit at Filing)Standard: A medical malpractice action filed in Nevada district court must be accompanied by an affidavit from a qualified medical expert. The affidavit must: (1) support the allegations, (2) come from an expert who practices or has practiced in an area substantially similar to the defendant's practice at the time of alleged negligence, (3) identify each negligent provider by name or conduct, and (4) set forth specific acts of negligence for each defendant. Failure results in mandatory dismissal without prejudice.
NRS 41A.015
Professional Negligence — Standard of Care DefinitionStandard: Professional negligence means the failure of a provider of health care, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care. This is the foundational negligence standard — plaintiff must prove via expert testimony that the defendant deviated from the standard of a similarly trained provider.
NRS 41.141
Modified Comparative Negligence (51% Bar)Standard: Plaintiff's comparative negligence does not bar recovery if plaintiff's fault is 50% or less. If plaintiff is 51% or more at fault, recovery is completely barred. Damages are reduced in proportion to plaintiff's percentage of fault. In medical malpractice cases, concerted acts of defendant healthcare providers working together to treat a patient do not constitute 'concerted action' for joint-and-several liability purposes.
Recovery Structure
Economic damages: medical bills, lost wages, future care — no cap. Non-economic damages: pain & suffering, loss of consortium — capped at $590K (2026) per plaintiff against all defendants combined, escalating to $750K by 2028 under AB 404. Punitive: rare in med-mal; subject to NRS §42.005 general caps (3× compensatory or $300K). Attorney fees: 35% flat contingency maximum on the entire recovery (AB 404).
Expert Requirements + Attorney Fees
Expert testimony mandatory: standard of care, deviation, and causation must be established by a same-specialty expert. Pre-suit affidavit: NRS §41A.071 — affidavit at filing or dismissal; Limprasert v. Pam (2024) ended any common-knowledge workaround. Attorney fees: AB 404 imposes a hard 35% flat cap on contingency fees in med-mal cases — lower than the pre-2023 sliding scale (40/33/25/15%). No recovery = no fee.
Damage Caps
Non-economic damages capped at $590,000 (2026) under NRS §41A.035 as amended by AB 404 (2023). Schedule: $430K (2024) → $510K (2025) → $590K (2026) → $670K (2027) → $750K (2028), then 2.1% CPI escalator thereafter. Cap applies per plaintiff against all defendants combined — joint-and-several does not multiply it. Economic damages: no cap. Punitive: subject to NRS §42.005 (3× compensatory or $300K, whichever greater). The original $350K KODIN cap (2004) is permanently superseded.
NV Med-Mal Verdicts + Averages
Nevada verdicts and average payouts reflect the post-AB 404 framework:
| Amount | Year | Case / Injury |
|---|---|---|
| $47M | 2023 | Geiler et al. v. Sunrise Mountain View Hospital et al. (Clark County No. A-20-808331-C) — Locked-in syndrome (osmotic demyelination) from physicians' failure to properly manage dangerous sodium imbalance; patient transferred between hospitals while receiving excessive IV saline at dangerous rate, causing permanent brain damage; plaintiff conscious but completely unable to communicate |
| $48.6M | 2019 | Murray v. Valley Health System LLC dba Centennial Hills Hospital Medical Center (reversed in part 2024) — Death of 29-year-old woman admitted for sickle cell crisis; hospital staff administered Toradol (ketorolac) in excess of FDA-approved daily dose and failed to monitor critical lab values; patient suffered cardiac arrest and died; jury awarded $14.5M compensatory + $32.42M punitive; NV Supreme Court (2024) reversed punitive damages. |
| $14.5M | 2016 | Hurst v. Piroozi and Conti (Clark County District Court) — 8-year-old girl suffered permanent brain damage (mostly blind, unable to walk or speak) after physicians failed to diagnose and treat severe anemia during 11-week neonatal ICU stay; Dr. Piroozi (40% fault) and Dr. Conti (60% fault, deceased, previously settled $2M); Sunrise Hospital separately settled $500K. |
Nevada Medical Malpractice FAQs
What is Nevada's medical malpractice damages cap in 2026?
$590,000 on non-economic damages per plaintiff against all defendants combined (NRS §41A.035, as amended by AB 404 2023). The cap escalates by $80,000 per year — $670K in 2027, $750K in 2028 — then increases 2.1% annually with CPI. Economic damages (medical bills, lost wages, future care) are NOT capped. The original $350K KODIN cap (2004) was permanently replaced by AB 404, signed June 2023, effective October 1, 2023.
What is the Nevada medical malpractice statute of limitations?
For claims accruing after October 1, 2023: 2 years from discovery / 3 years from occurrence under NRS §41A.097 (whichever is earlier). For older claims, the prior 1-year discovery / 3-year occurrence rule applies. Minors under 10: until age 12 or 3 years from occurrence. Foreign-body exception: tolling extends discovery rule but absolute 10-year repose applies. Filing without the §41A.071 expert affidavit does not stop the SOL clock.
Do I need an expert affidavit before filing in Nevada?
Yes — always, at the time of filing. NRS §41A.071 requires a supporting affidavit from a medical expert practicing in the same specialty as the defendant, identifying each act of negligence and the factual basis. The Nevada Supreme Court in Limprasert v. Pam (2024) eliminated the common-knowledge exception — even cases of obvious negligence (wrong-site surgery, retained foreign objects) now require an expert affidavit at filing. Failure to attach = dismissal with prejudice, even if the SOL would otherwise still be open.
What does the 35% attorney fee cap mean for my settlement?
AB 404 (2023) imposes a hard 35% flat contingency cap on attorney fees in Nevada medical malpractice cases — applied to the entire recovery (gross), not net. This replaces the prior sliding scale of 40% / 33% / 25% / 15% (per recovery bracket). Example: on a $1M settlement, max attorney fee = $350K. Costs (expert fees, deposition transcripts, filing fees) are typically deducted from the client's share after the attorney fee. No recovery = no fee. The 35% cap covers trial and appeal — there is no separate post-trial bump.
How did the Murray v. Valley Health System decision change Nevada med-mal?
In Valley Health System v. Murray (Nev. 2024), the Nevada Supreme Court held that hospitals do NOT owe a fiduciary duty to patients — reversing in part a $43M trial verdict that had included a fiduciary-breach theory. Plaintiffs may still pursue ordinary medical negligence and corporate negligence against hospitals, but the heightened fiduciary-duty cause of action is now foreclosed. Practical effect: hospital cases must be framed under NRS §41A.015 professional negligence (subject to the $590K non-economic cap) rather than as fiduciary breaches (which would have been uncapped).
Pending NV Med-Mal Issues
Active legal developments (as of April 2026):
- NRS 41A.035 cap is currently $590,000 (2026) but increases by $80,000 every January 1 through 2028 — verify the effective cap amount against the NV Supreme Court's annually published schedule before any filing or claim valuation.
- Valley Health System v. Murray (NV Supreme Court 2024) held hospitals owe no fiduciary duty to patients — eliminates a previously used theory that allowed plaintiffs to circumvent the noneconomic cap via punitive damages tied to breach of fiduciary duty.
- Limprasert v. PAM Specialty Hospital of Las Vegas LLC (NV Supreme Court 2024) eliminated the 'common knowledge exception,' meaning virtually all healthcare negligence claims — including non-technical ones — now require the NRS 41A.071 expert affidavit at filing.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- getthewin.com/resources/nrs-41a-035
- www.wshblaw.com/publication-new-nevada-law-amends-cap-on-damages-in-medical-malpractice-cases
- nevada.public.law/statutes/nrs_41a.071
- www.shouselaw.com/nv/blog/what-is-the-statute-of-limitations-for-medical-malpractice-in-nevada
- law.justia.com/codes/nevada/chapter-41/statute-41-141
- blog.cvn.com/jury-returns-47m-med-mal-award-to-woman-suffering-from-locked-in-syndrome-due-to-sodium-imbalance
- www.wilsonelser.com/publications/nevada-supreme-court-reverses-48-million-verdict-concludes-hospitals-do-not-owe-fiduciary-duty-to-patients-in-the-provision-of-medical-services
- www.reviewjournal.com/local/local-las-vegas/clark-county-jury-returns-14-5m-verdict-in-medical-malpractice-case
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Tennessee
$750K/$1M catastrophic non-econ cap §29-39-102 (face renewed constitutional challenge 2025), 1-yr SOL + 3-yr repose §29-26-116, 60-day pre-suit notice §29-26-121, modified comparative 49% bar
Connecticut
NO statutory cap (judicial remittitur §52-228c only check at >$1M), 2-yr SOL + 3-yr repose §52-584 (among shortest in US), pre-suit good-faith certificate §52-190a, modified comparative 51% bar
South Carolina
$350K base CPI-indexed to ~$580K (2025) §15-32-220 per-defendant, 3-yr SOL + 6-yr repose §15-3-545, Notice of Intent + expert affidavit §15-79-125 + mandatory mediation, modified 51% bar (Nelson 1991)
Louisiana
$500K TOTAL MMA cap §40:1231.2 + uncapped future medical via PCF, MANDATORY Medical Review Panel §40:1231.8 before suit (unique to LA), 1-yr SOL + 3-yr repose §9:5628, cap unchanged since 1975
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Nevada
Each Nevada calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Nevada verdict data where available.