The Nevada legislature has recently passed a new law, AB404, bringing about some changes to the state’s medical malpractice landscape. While it presents a few improvements over the existing laws, it may not necessarily yield significant benefits for medical malpractice victims in Nevada. In this article, we delve into the nuances of the new law and offer our perspective as experienced Nevada personal injury lawyers.
As Las Vegas personal injury attorneys with extensive experience, we have broken down these revisions and how they might influence the outcome of medical malpractice lawsuits in Nevada:
At first glance, AB404 might appear to be a win for victims of medical malpractice. However, our analysis as seasoned Nevada medical malpractice lawyers reveals a more complex picture.
The increase in non-economic damages is essentially an inflation-adjustment. When we consider the $350,000 cap in 2003, inflation adjustments make it equivalent to $584,000 in 2023, according to the US BUREAU inflation calculator on CPI. This means the new cap doesn’t keep pace with inflation, instead, it’s a catch-up mechanism. Still, it offers a slightly more appealing prospect for attorneys to take on such cases, ultimately benefiting those with moderate damages.
While the two-year statute of limitations seems like an improvement, it essentially reinstates Nevada’s previous laws. Tolling provisions are unchanged, and the extended timeline does not adequately address scenarios where malpractice is only discovered years after its occurrence.
The new 35% flat fee makes the fee structure simpler for victims to understand. However, in comparison to the old sliding scale, it may not bring substantial advantages to the victims, especially when damages are capped low. In cases involving substantial future economic damages (i.e., lost wages, future medical expenses), this change can incentivize attorneys to take up such cases, which is a boon for them. However, this is unlikely to translate into tangible benefits for the clients/victims.
Ultimately, the passage of AB404 appears more beneficial to insurance companies, who can now charge doctors higher premiums, and hospitals, which remain protected. It offers limited assistance to victims, with the tolling measures and low, non-inflation-adjusted caps on liability that are inherently unfair.
At Benson & Bingham Accident Injury Lawyers, we advocate for laws that genuinely protect the rights of medical malpractice victims. The road ahead in the legal landscape of Nevada may be challenging, but we remain committed to helping our clients navigate it.
Stay tuned to our blog for more updates and in-depth analysis of changes in personal injury laws across Nevada. If you or a loved one has suffered due to medical malpractice, don’t hesitate to contact us. Our team of dedicated Nevada medical malpractice lawyers is here to help.
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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