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Understanding How Assembly Bill 404 Affects Your Medical Malpractice Case


If you or someone you know has been a victim of medical malpractice in Nevada, Assembly Bill 404 brings important changes that directly impact your rights.

Starting January 1, 2024, this new law changes how much compensation you can receive for non-economic pain and suffering after being injured by a negligent medical professional. Initially, the limit is set at $80,000 for five years, followed by a yearly increase of 2.1%.

What is non-economic pain and suffering, you ask? Non-economic pain and suffering can be any of the following items:

  • Physical Pain: The actual physical discomfort and suffering resulting from an injury or medical condition.
  • Emotional Distress: Psychological effects such as anxiety, depression, fear, or sleep disturbances caused by the injury or event.
  • Loss of Enjoyment of Life: The impact of the injury on one's ability to participate in activities or hobbies they once enjoyed.
  • Inconvenience: Disruptions to daily life, including difficulties in performing routine tasks, mobility issues, or the need for ongoing medical treatments.

Another significant change involves the time you have to file a claim. Before, you had one year to take legal action if you experienced medical malpractice. Now, as of October 1, 2023, you have a two-year window from when you became aware or reasonably should have known about the malpractice to file a claim.

What does this mean for you? If you've suffered due to medical malpractice, you now have a better chance to seek fair compensation for your pain and losses.

Key Changes:

  1. Non-Economic Damages: The law aims to ensure fair compensation for intangible losses. It starts with a base of $80,000 and increases yearly, adapting to economic changes.
  2. Extended Time to File: You now have two years to file a claim, recognizing the complexity of medical malpractice cases and giving you more time to seek justice.

For victims of medical malpractice, Assembly Bill 404 is a positive step toward a fair legal process. It means you have a better chance to receive compensation for your suffering, and more time to initiate legal action with the help of an attorney.

As a personal injury law firm, we're here to help you navigate these changes. If you have questions or need guidance on your medical malpractice case, please fil out our Medical Negligence Questionnaire and a member of our legal team will be in touch. If you have immediate questions, please contact us at (702) 505-8115. We're committed to ensuring you receivethe justice and compensation you deserve.