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When wildfires, floods, and other severe weather events hit Nevada, the financial impact extends far beyond the cost of replacing homes and infrastructure. It drives up insurance costs statewide. As these events grow more frequent and intense, insurers face mounting losses and respond by raising premiums across the board – and not just for homeowners insurance. Medical malpractice insurance feels the hit, too, and healthcare professionals must shoulder the cost of a destabilized market.

Medical malpractice insurers are now grappling with surging reinsurance premiums and tougher payout conditions. To offset their rising costs, they've raised premiums for physicians nationwide.

Although Nevada saw fewer large malpractice premium spikes in 2024 compared to other states, 5.6% of its doctors saw double-digit increases in 2023. With severe weather events becoming more frequent, Nevada physicians should prepare for future premium increases.

Severe weather isn't just a coastal problem; it's reshaping insurance costs for everyone.

Nevada Revised Statute 41A.035, passed in 2023, set a non-economic damage cap at $350,000, with annual increases of $80,000 until it reaches $750,000 in January 2028. After that, the cap will increase by 2.1% annually. The non-economic damage cap is currently $510,000.

Key Rules & Exceptions

• Non-Economic Damages Definition: Non-economic damages include pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.
  
• No Cap on Economic Damages: Nevada does not limit the amount a jury can award for economic damages, including medical expenses, care and custody, loss of earning, and loss of earning capacity.

• Several Liability: Nevada applies several liability in medical malpractice cases, meaning each health care provider is only liable for the share of damages that matches their percentage of fault.

• Affidavit of Medical Expert: In most medical malpractice cases, the plaintiff must file an affidavit of a medical expert at the same time they file their lawsuit. Failure to file the affidavit results in case dismissal. The affidavit must:

• • Be submitted by a medical expert in a field related to the alleged negligence

• • Identify or describe each accused health care provider

• • Support the plaintiff's allegations of malpractice

• • Clearly and concisely describe the specific act(s) of negligence in factual terms

• Pre-Trial Settlement Conference: Before a medical malpractice case can proceed to trial, it must first go through a settlement conference to determine if it can be settled beforehand. Both parties, their insurers, and their attorneys must attend. The conference judge can:

• • Waive any party's required attendance
  • Decide what information can be presented at the conference
  • Impose sanctions, including monetary sanctions, on any party that fails to participate in good faith
  • Recommend a settlement for the amount of the defendant's insurance policy limits

Under Nevada Revised Statute 41A.097, for injuries or wrongful death occurring on or after October 1, 2023, plaintiffs must file an action no more than 3 years after the date of injury. There are a few key exceptions:

• Discovery Rule: If the injury is not discovered and could not reasonably have been discovered within the 2-year period, the plaintiff has 1 year from the date of discovery (or the date they should have discovered it) to file.

• Minors: A parent or guardian must file an action on behalf of their child within the statute of limitations period. If they fail to do so, the child cannot sue upon reaching adulthood. Exceptions include:

• Brain Damage or Birth Defects: The statute period is extended until the child's 10th birthday.

• Sterility: The statute is extended until 2 years after the child discovers the injury.

• Fraudulent Concealment: The statute of limitations is tolled for any period during which a health care provider knowingly conceals an act, error, or omission.

• Failure to Bring to Trial: Unless good cause for delay is shown, any medical malpractice case not brought to trial within 3 years after it is filed will be automatically dismissed. Once dismissed, the plaintiff cannot refile the same claim against the same defendant.

Nevada typically ranks in the middle of the pack for best states to practice medicine. It offers physicians several advantages:

However, Nevada's rising homeowners insurance and malpractice premium costs threaten to offset the advantages of practicing in Nevada.

Nevada doctors can benefit from working with a knowledgeable malpractice insurance broker. MEDPLI helps physicians find the right coverage at the best possible rate, bringing peace of mind through malpractice market uncertainty.

We exclusively broker medical malpractice insurance, focusing daily on making the professional liability process less burdensome and expensive for doctors.

With MEDPLI, Nevada physicians:

Whether you're an Emergency Medicine Physician in Las Vegas or a Psychiatrist in Carson City, MEDPLI will find you premier coverage at a competitive rate.

Call 800-969-1339 or Request a Quote.