Personal Injury Law

Dissecting the History of the Statute of Limitations in Personal Injury Cases in Nevada

By Steve Klearman

NRS 41A.097 provides the limitations period for filing lawsuits regarding medical malpractice and wrongful death claims, among others. The statute has gone through a complicated series of amendments.

Statutory History, from NRS 41A.097:

Until 2002, the statute of limitations for medical malpractice and wrongful death was on a 4 year/2 year scheme. A lawsuit must have been filed within 2 years of discovering the injury, but in any event, no later than 4 years after the date of the injury. The statute read, in part:

• An action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.

2002 Amendments. In 2002, NRS 41A.097 was amended. The 2002 amendment created a 4/2, 3/2 scheme. If malpractice occurred before Oct 1, 2002, it was under the 4/2 scheme discussed above. If after October 1, 2002, the lawsuit instead was under a 3/2 scheme. For 2 years, the statute read in part:

• An action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for injury occurring prior to October 1, 2002

• An action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for injury occuring on or after October 1, 2002

KODIN Amendments The "Keep Our Doctors in Nevada" initiative led to a further amendment to the statute of limitations in medical malpractice and wrongful death claims. KODIN changed the two year inner limit to one year for injuries accruing after October 1, 2002. So, if malpractice occurred before Oct 1, 2002, it is still 4/2. If after October 1, 2002, it is 3/1. However, in order that the statute not be applied retroactively, the KODIN only applied to actions accruing after KODIN became effective on November 23, 2004. So, if malpractice occurred on November 22, 2004 (so, under section 2, but pre-KODIN), the 3/2 rule applies, not the KODIN 3/1. If malpractice occurred on November 24, 2004, however, the 3/1 rule applies. The statute now reads, in part:

• An action for injury or death against a provider of health care may not be commenced more than 4 years after the date of injury or 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for injury occurring prior to October 1, 2002

• An action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for injury occurring on or after October 1, 2002

Check back for more information about statute of limitations in Nevada!

**This blog is not intended and should not be used as a substitute for competent legal advice from a licensed attorney**

Full post as published by Reno Personal Injury Lawyer on April 21, 2009 (boomark / email).