Nev. Rev. Stat. » NRS: CHAPTER 41A - ACTIONS FOR PROFESSIONAL NEGLIGENCE

Nev. Rev. Stat. § 41A.045

Several liability of defendants for damages; abrogation of joint and several liability

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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
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Fierle v. Perez (2009) nev · cites it 2× “035, abolition of joint and several liability, NRS 41A.045, and special statute of limitations and tolling rules.”
Valley Health Sys., LLC v. Murray (2024) nev “NRS 41A.045(1). The jury here found Centennial and its staff to be 65-percent liable.”
Piroozi v. Eighth Jud. Dist. Ct. (2015) nev · 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) nev · 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) nev · 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. (2017) nev · 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. (2017) nev · 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.”
Goldenberg v. Woodard C/W 58151 (2014) nev · cites it 2× “035's cap or NRS 41A.045's abrogation of joint and several liability.”
Goldenberg v. Woodard C/W 58151 (2014) nev · cites it 2× “035's cap or NRS 41A.045's abrogation of joint and several liability.”
McCrosky v. Dist. Ct. (Carson Tahoe Reg'l. Med. Ctr.) (2016) nev “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 (2016) nev “See NRS 41A.045 (stating that providers of health care will only be liable severally, not jointly); Piroozi v.”
Parker v. Dignity Health (2022) nvd “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
Valley Health Sys., LLC v. Murray (2024) nev “NRS 41A.045(1). The jury here found Centennial and its staff to be 65-percent liable.”
MCCROSKY VS. CARSON TAHOE REG'L MED. CTR. (2017) nev “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. (2015) nev “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) nev “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) nev “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. (2017) nev “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. (2017) nev “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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