Revises provisions governing civil actions against a provider of health care for professional negligence. (BDR 3-709)
Impact
The bill also modifies the statute of limitations for bringing an action based on professional negligence. Specifically, for injuries occurring on or after October 1, 2023, plaintiffs will now have three years to file a claim or two years from the date they discover the injury, which is a shift from prior provisions. This could potentially lead to broader access to justice for victims, as they have more time to evaluate their situations before the filing of lawsuits. Moreover, the bill amends how contingent fees are structured for attorneys, simplifying the fee arrangement. Attorneys will now be limited to a flat 35% of the recovery amount, which could alter the dynamics of legal representation in these cases.
Summary
Assembly Bill No. 404 seeks to reform provisions relating to civil actions against healthcare providers regarding claims of professional negligence. The bill raises the maximum amount of noneconomic damages that a plaintiff can recover to $350,000 initially, with scheduled increases of $80,000 each year beginning in 2024 until it reaches a cap of $750,000. Beyond that, adjustments will be made annually based on a 2.1% inflation rate starting in 2029, making the bill responsive to economic conditions over time. This change marks a significant alterations in how Nevada addresses damages in malpractice cases, aiming to increase the financial relief available for victims of healthcare negligence.
Contention
There are notable points of contention surrounding this bill, particularly from various stakeholders in the healthcare and legal fields. Proponents may argue that increased caps on noneconomic damages will empower plaintiffs who have suffered due to negligence and that the revised fee structure is more equitable for both clients and attorneys. Conversely, critics may raise concerns about the long-term implications for healthcare costs, suggesting that higher liability limits could spur increased malpractice insurance rates for providers. Additionally, there may be fears regarding an influx of frivolous lawsuits or unnecessary litigation as a result of these changes.
Establishes a private right of action against mental health professionals who engaged in sexual orientation change efforts and revives such actions otherwise barred by the existing statute of limitations