NRS
41A.035 Limitation on amount of award for noneconomic damages;
publication of amount of limitation by Nevada Supreme Court.
1. In an action for injury or death
against a provider of health care based upon professional negligence, the
injured plaintiff may recover noneconomic damages, but the amount of
noneconomic damages awarded in such an action must not exceed $350,000,
regardless of the number of plaintiffs, defendants or theories upon which
liability may be based.
2. The maximum amount of noneconomic
damages set forth in subsection 1 must be increased by $80,000 on January 1 of
each year beginning on January 1, 2024, and ending on January 1, 2028, when the
amount reaches $750,000.
3. Beginning on January 1, 2029, the
maximum amount of noneconomic damages set forth in subsection 1, as adjusted by
subsection 2, must be increased on January 1 of each year by 2.1 percent,
rounded to the nearest dollar.
4. The Nevada Supreme Court shall, on or
before January 1 of each year, publish on its Internet website the maximum
amount of noneconomic damages that may be awarded in an action for injury or
death against a provider of health care based upon professional negligence in
each year for the following 20 years.
(Added to NRS by 2004 initiative petition, Ballot
Question No. 3; A 2015,
2526; 2023,
3023)
Notes of Decisions
Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010).
· cites it 2× “210 (2009) ($350,000 cap); Nev.Rev. Stat. § 41A.035 (2009) ($350,000 cap); N.”
Repub. Silver State Disposal, Inc. Vs. Cash, 2020 NV 88 (Nev. 2020).
· cites it 6× “3Cash argues that the district coures order may stand because Gonzales equitably subrogated her claims to Republic, such that Republic would be limited by NRS 41A.035 (limiting the amount of noneconomic damages that may be awarded for professional negligence) and NRS 42.”
Fierle v. Perez, 219 P.3d 906 (Nev. 2009).
· cites it 2× “071, which only addresses actions for "medical malpractice" (or "dental malpractice"), the 2004 amendments to NRS Chapter 41A added multiple provisions that, by their terms, apply to all "professional negligence" claims against a range of "provider[s] of health care," including…”
Capanna v. Orth, 432 P.3d 726 (Nev. 2018).
“Pursuant to NRS 41A.035, the district court reduced the noneconomic damages to $350,000.”
Limprasert v. Pam Specialty Hosp. of Las Vegas LLC, 550 P.3d 825 (Nev. 2024).
“The Legislature has created a tightly scripted scheme for professional negligence actions in Nevada that limits recovery for noneconomic damages, mandates settlement conferences, and more.”
Nevins, M.D. v. Martyn c/w 85247/85541/85596, 557 P.3d 965 (Nev. 2024).
· cites it 6× “: In this opinion arising from an appeal in a professional negligence action, we delve into a variety of issues, including whether a res ipsa loquitur instruction was properly given to the jury when expert testimony wag also provided; whether the NRS 41A.035 cap on damages for…”
Valley Health Sys., LLC v. Murray, 544 P.3d 904 (Nev. 2024).
· cites it 3× “The district court did not apply NRS 41A.035's cap on noneconomic compensatory damages, concluding the awards fell under the claim for breach of fiduciary duty, which did not sound in professional negligence and was not subject to that cap.”
Tam, M.D. Vs. Dist. Ct. (cornell), 2015 NV 80 (Nev. 2015).
· cites it 68× “: NRS 41A.035 (2004) limits the recovery of a plaintiffs noneconomic damages in a health-care provider's professional negligence action to $350,000.”
Tam, M.D. Vs. Dist. Ct. (cornell), 2015 NV 80 (Nev. 2015).
· cites it 35× “: NRS 41A.035 (2004) limits the recovery of a plaintiffs noneconomic damages in a health-care provider's professional negligence action to $350,000.”
Zhang, M.D. v. Barnes (Nev. 2016).
· cites it 17× “Zhang and NSCC appeal several substantive issues, including whether the prejudicial insurance information the jury accidentally received warrants a new trial, whether a professional medical association such as NSCC can claim the benefit of the $350,000 cap on noneconomic damages…”
Goldenberg v. Woodard C/W 58151 (Nev. 2014).
· cites it 16× “SUPREME COURT OF 3 NEVADA (0) 1947A e Goldenberg and LTSC pursuant to NRS 41A.035. The district court denied this motion, concluding that although NRS 41A.”
Goldenberg v. Woodard C/W 58151 (Nev. 2014).
· cites it 16× “SUPREME COURT OF 3 NEVADA (0) 1947A e Goldenberg and LTSC pursuant to NRS 41A.035. The district court denied this motion, concluding that although NRS 41A.”
Nev. Rev. Stat. § 41A.035(1): 1 case
Nevins, M.D. v. Martyn c/w 85247/85541/85596, 557 P.3d 965 (Nev. 2024).
“: In this opinion arising from an appeal in a professional negligence action, we delve into a variety of issues, including whether a res ipsa loquitur instruction was properly given to the jury when expert testimony wag also provided; whether the NRS 41A.035 cap on damages for…”
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