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NRS 41A.035

Limitation on amount of award for noneconomic damages; publication of amount of limitation by Nevada Supreme Court

Applied in 11 court decisions — leading case 237 Ill. 2d 217 - Lebron v. Gottlieb Memorial Hospital (2010)

Most recently applied in 140 Nev. Adv. Op. No. 66 - NEVINS, M.D. v. MARTYN C/W 85247/85541/85596 (October 2024)

(Added to NRS by 2004 initiative petition, Ballot Question No. 3; A 2015, 2526; 2023, 3023)

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Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

1. In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based.

2. The maximum amount of noneconomic damages set forth in subsection 1 must be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000.

3. Beginning on January 1, 2029, the maximum amount of noneconomic damages set forth in subsection 1, as adjusted by subsection 2, must be increased on January 1 of each year by 2.1 percent, rounded to the nearest dollar.

4. The Nevada Supreme Court shall, on or before January 1 of each year, publish on its Internet website the maximum amount of noneconomic damages that may be awarded in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.