Many people still believe that the two-year statute of limitations for medical malpractice is in effect in Nevada and unknowingly let their cases lapse. This article is intended to inform the public about the change in the law to avoid the tragic expiration of meritorious medical malpractice cases. In 2004, the state of Nevada, by initiative petition, changed the statute of limitations for medical malpractice actions from two years to one year. The statute begins to run from the moment the medical negligence is discovered or should have been discovered. The outer end of the new statute of limitations in Nevada requires any negligence lawsuit to be filed three years from now from the date of the malpractice, regardless of the date of discovery.

It is very difficult for victims of medical malpractice and/or medical wrongful death to find out what happened to them, shorten their grief, and go through all the legal and medical hurdles necessary to file a meritorious claim within a year. First, any victim of malpractice must find an “expert” in the same field as the doctor who committed the malpractice. That expert must opine in an affidavit attached to the Lawsuit that the malpractice did occur. This involves a thorough investigation of medical records, which are often difficult for surviving family members to gather from the various medical providers after the great pain and loss that accompanies any injury or illness. The medical malpractice expert can also be expensive, which is an added burden for those who are already suffering from the obvious financial strains that accompany illness, injury, and sometimes death. However, expert opinions take a lot of time and thought and often even a bit of bravado on the part of the expert who is willing to come forward and tell it like it is.

Historically it was said that the medical community was involved in a “conspiracy of silence” in which many doctors refused to come forward even in the face of the most obvious medical negligence. Often those who came forward faced the possibility of being ostracized or discredited in their close-knit communities. However, recently there has been a noticeable and refreshing trend for concerned and ethical physicians to come forward and report malpractice, as required by many state codes. This appears to be the result of a new attitude that embodies the belief that the medical community benefits from a degree of self-control and cleanliness.

While most doctors work faithfully and tirelessly for their patients, there are still very few who do not meet minimum standards of care. It is in the best interest of the public and the medical community to identify the bad apples and file and hold them accountable for their malpractice. The interest here is not only to find a resource for the injured, but also to prevent future victims. In the long run, insurance rates go down, the quality of health care goes up, and the resulting pride and trust in the medical community is greatly improved.