NRS
41A.045 Several liability of defendants for damages; abrogation of joint
and several liability.
1. In an action for injury or death
against a provider of health care based upon professional negligence, each
defendant is liable to the plaintiff for economic damages and noneconomic
damages severally only, and not jointly, for that portion of the judgment which
represents the percentage of negligence attributable to the defendant.
2. This section is intended to abrogate
joint and several liability of a provider of health care in an action for
injury or death against the provider of health care based upon professional
negligence.
(Added to NRS by 2004 initiative petition, Ballot
Question No. 3)
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 2009–2024 · leading case:
Fierle v. Perez, 219 P.3d 906 (Nev. 2009).
Fierle v. Perez, 219 P.3d 906 (Nev. 2009).
· cites it 2× “035, abolition of joint and several liability, NRS 41A.045, and special statute of limitations and tolling rules.”
Piroozi v. Eighth Jud. Dist. Ct., 363 P.3d 1168 (Nev. 2015).
· cites it 34× “KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Piroozi, M.D. Vs. Dist. Ct. (hurst), 2015 NV 100 (Nev. 2015).
· cites it 34× “KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Piroozi, M.D. Vs. Dist. Ct. (hurst), 2015 NV 100 (Nev. 2015).
· cites it 34× “KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Mccrosky Vs. Carson Tahoe Reg'l Med. Ctr., 408 P.3d 149 (Nev. 2017).
· cites it 18× “The district court granted that motion, finding that (1) NRS 41A.045 abrogates vicarious liability for providers of health care, (2) McCrosky's settlement with Dr.”
Mccrosky Vs. Carson Tahoe Reg'l Med. Ctr., 408 P.3d 149 (Nev. 2017).
· cites it 9× “The district court granted that motion, finding that (1) NRS 41A.045 abrogates vicarious liability for providers of health care, (2) McCrosky's settlement with Dr.”
McCrosky v. Dist. Ct. (Carson Tahoe Reg'l. Med. Ctr.), No. 68881 (Nev. Jan. 26, 2016).
“3d , (2015) (concluding that under NRS 41A.045, a district court is 'required to permit [a defendant] the opportunity to argue the comparative fault of the settled defendants and include those defendants' names and an assignment of their percentage of fault on the jury verdict…”
Zhang, M.D. v. Barnes, No. 67219 (Nev. Sept. 12, 2016).
“See NRS 41A.045 (stating that providers of health care will only be liable severally, not jointly); Piroozi v.”
Parker v. Dignity Health, No. 2:18-cv-02291 (D. Nev. July 26, 2022).
“10 SIXTEENTH AFFIRMATIVE DEFENSE 11 To the extent Plaintiff is entitled to recover any damages from this Answering 12 Defendant, this Answering Defendant may be held severally liable only for that portion of 13 any judgment which represents the percentage of negligence…”
Nev. Rev. Stat. § 41A.045(1): 6 cases
Mccrosky Vs. Carson Tahoe Reg'l Med. Ctr., 408 P.3d 149 (Nev. 2017).
“The district court granted that motion, finding that (1) NRS 41A.045 abrogates vicarious liability for providers of health care, (2) McCrosky's settlement with Dr.”
Piroozi v. Eighth Jud. Dist. Ct., 363 P.3d 1168 (Nev. 2015).
“KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Piroozi, M.D. Vs. Dist. Ct. (hurst), 2015 NV 100 (Nev. 2015).
“KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Piroozi, M.D. Vs. Dist. Ct. (hurst), 2015 NV 100 (Nev. 2015).
“KODIN included the adoption of NRS 41A.045, which makes health-care provider defendants severally liable in professional negligence actions for economic and noneconomic damages.”
Nev. Rev. Stat. § 41A.045(2): 2 cases
Mccrosky Vs. Carson Tahoe Reg'l Med. Ctr., 408 P.3d 149 (Nev. 2017).
“The district court granted that motion, finding that (1) NRS 41A.045 abrogates vicarious liability for providers of health care, (2) McCrosky's settlement with Dr.”
Mccrosky Vs. Carson Tahoe Reg'l Med. Ctr., 408 P.3d 149 (Nev. 2017).
“The district court granted that motion, finding that (1) NRS 41A.045 abrogates vicarious liability for providers of health care, (2) McCrosky's settlement with Dr.”
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