Nevada Medical Malpractice Complaint (Professional Negligence — NRS Chapter 41A)

COMPLAINT FOR PROFESSIONAL NEGLIGENCE (MEDICAL MALPRACTICE)

DISTRICT COURT

[EIGHTH / SECOND / FIRST / ____] JUDICIAL DISTRICT COURT

[CLARK / WASHOE / CARSON CITY / ____] COUNTY, NEVADA

COMPLAINT FOR PROFESSIONAL NEGLIGENCE OF A PROVIDER OF HEALTH CARE
[and Wrongful Death / Survival] [JURY TRIAL DEMANDED]

Exempt from Arbitration: Action for Professional Negligence — NAR 3(A)

COMES NOW Plaintiff(s) [PLAINTIFF NAME], by and through undersigned counsel, and complains and alleges against Defendants as follows:

I. PARTIES

1. Plaintiff [PLAINTIFF NAME] is, and at all times relevant herein was, a resident of [COUNTY] County, State of [____].

2. Plaintiff [SPOUSE / OTHER HEIR], if any, is, and at all times relevant herein was, a resident of [COUNTY] County, State of [____], and brings claims [for loss of consortium / as statutory heir under NRS 41.085 / as ____].

3. Defendant [PHYSICIAN NAME], M.D. ("Dr. [____]"), is, and at all times relevant herein was, a physician licensed to practice medicine in the State of Nevada under NRS Chapter 630 (or NRS 633 for osteopathic physicians), holding License No. [____], and a "provider of health care" within the meaning of NRS 41A.017. Dr. [____] practiced and provided care to Plaintiff in [COUNTY] County, Nevada.

4. Defendant [PRACTICE/GROUP NAME], a Nevada [professional corporation / limited-liability company / partnership], is, and at all times relevant herein was, a "provider of health care" under NRS 41A.017, doing business in [COUNTY] County, Nevada, and the employer, principal, ostensible principal, and/or apparent agent of Dr. [____].

5. Defendant [HOSPITAL / HEALTH SYSTEM NAME], a [Nevada / foreign] [corporation / nonprofit corporation], is, and at all times relevant herein was, licensed to operate a hospital under NRS Chapter 449 and is a "provider of health care" under NRS 41A.017, owning and operating [FACILITY NAME] located at [ADDRESS], [CITY], [COUNTY] County, Nevada.

6. The true names and capacities, whether individual, corporate, associate, or otherwise, of Defendants DOES I through X and ROE CORPORATIONS I through X are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names. Plaintiff will seek leave to amend this Complaint to insert the true names and capacities of said Defendants when ascertained.

II. JURISDICTION AND VENUE

7. This Court has subject-matter jurisdiction pursuant to Nev. Const. art. 6, § 6 and NRS 4.370 (amount in controversy exceeds $15,000, exclusive of attorneys' fees, interest, and costs).

8. Venue is proper in the [EIGHTH / SECOND / ____] Judicial District Court, [CLARK / WASHOE / ____] County, Nevada, pursuant to NRS 13.040 because the acts and omissions giving rise to this action occurred in [COUNTY] County and one or more Defendants reside or maintain their principal place of business in [COUNTY] County.

III. CONDITIONS PRECEDENT — AFFIDAVIT OF MEDICAL EXPERT

9. Concurrently with the filing of this Complaint, Plaintiff files and serves the Affidavit of Medical Expert of [EXPERT NAME], [M.D./D.O./other], pursuant to NRS 41A.071, which:

(a) supports the allegations in this Complaint;

(b) is signed by a medical expert who practices, or has practiced, in an area that is substantially similar to the type of practice engaged in by each Defendant provider of health care at the time of the alleged professional negligence;

(c) identifies by name, or describes by conduct, each provider of health care alleged to be negligent; and

(d) sets forth factually a specific act or acts of alleged negligence separately as to each Defendant in simple, concise, and direct terms.

IV. STATUTE OF LIMITATIONS

10. This action is timely commenced under NRS 41A.097.

11. Date of injury: [__/__/____]. Date Plaintiff discovered, or through reasonable diligence should have discovered, the injury: [__/__/____].

12. To the extent any limitation period has not run, Plaintiff invokes tolling under NRS 41A.097 for [☐ concealment of acts, errors, or omissions / ☐ minor plaintiff / ☐ ______].

V. GENERAL ALLEGATIONS

13. On or about [__/__/____], Plaintiff [or Decedent] [DESCRIBE PRESENTING CONDITION/SYMPTOMS] and presented to [FACILITY] in [CITY], Nevada, for evaluation and treatment.

14. From [__/__/____] through [__/__/____], Plaintiff was under the care of Defendants for [CONDITION/PROCEDURE].

15. Defendants and each of them owed Plaintiff the professional duty to exercise the degree of skill, care, and learning ordinarily possessed and exercised by reasonably competent providers of health care of like specialty practicing under similar circumstances.

16. Defendants breached that duty in one or more of the following respects:

(a) [Failed to timely diagnose ______];

(b) [Failed to order appropriate ______ studies / imaging / labs];

(c) [Failed to obtain informed consent for ______ pursuant to applicable standards];

(d) [Performed ______ procedure below the applicable standard of care];

(e) [Failed to recognize and respond to ______ complication];

(f) [Failed to communicate critical findings of ______];

(g) [Failed to refer / transfer to a higher level of care];

(h) [Other: ______].

17. As a direct and proximate result of Defendants' breaches, Plaintiff suffered [DESCRIBE INJURY/HARM], including but not limited to [______].

VI. FIRST CAUSE OF ACTION

(Professional Negligence — NRS Chapter 41A — Against All Defendants)

18. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

19. At all times relevant, each Defendant was a "provider of health care" as defined by NRS 41A.017 and owed Plaintiff a duty of care under the professional standard.

20. Each Defendant's conduct constitutes "professional negligence" as defined by NRS 41A.015 — namely, the failure of a provider of health care, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.

21. As a direct and proximate result of Defendants' professional negligence, Plaintiff suffered:

(a) Past and future economic damages, including medical and hospital expenses, life-care costs, lost earnings, and lost earning capacity, in amounts to be proven at trial and not subject to NRS 41A.035;

(b) Past and future noneconomic damages, including pain, suffering, disfigurement, loss of enjoyment of life, and emotional distress, subject to the cap set forth in NRS 41A.035 as published annually by the Nevada Supreme Court;

(c) [Other damages: ______].

VII. SECOND CAUSE OF ACTION (If Applicable)

(Vicarious Liability / Ostensible Agency — Against [HOSPITAL/GROUP])

22. Plaintiff incorporates by reference all preceding paragraphs.

23. At all relevant times, Defendant [PHYSICIAN] acted within the course and scope of [his/her/their] employment, agency, or ostensible agency with Defendant [HOSPITAL/GROUP], and Defendant [HOSPITAL/GROUP] is vicariously liable for the professional negligence of [PHYSICIAN] under common-law respondeat superior and the doctrine of ostensible agency.

VIII. THIRD CAUSE OF ACTION (If Applicable)

(Wrongful Death — NRS 41.085 — Against All Defendants)

24. Plaintiff incorporates by reference all preceding paragraphs.

25. The professional negligence of Defendants caused the death of [DECEDENT] on [__/__/____].

26. Plaintiff [HEIR/PERSONAL REPRESENTATIVE] is entitled to recover under NRS 41.085 for [grief or sorrow, loss of probable support, companionship, society, comfort, consortium, and damages for pain, suffering, or disfigurement of the decedent; and the personal representative may recover special damages and damages for pain, suffering, or disfigurement of the decedent].

IX. FOURTH CAUSE OF ACTION (If Applicable)

(Lack of Informed Consent — NRS 41A.110 — Against [PHYSICIAN])

27. Plaintiff incorporates by reference all preceding paragraphs.

28. Defendant [PHYSICIAN] failed to disclose to Plaintiff the material risks, alternatives, and reasonably foreseeable consequences of the [PROCEDURE] in a manner that would have permitted Plaintiff to make an informed decision, in violation of the standard of disclosure applicable in Nevada.

29. Had Plaintiff been adequately informed, Plaintiff would not have consented to the procedure, and the resulting injuries would have been avoided.

X. APPORTIONMENT, CAPS, AND COLLATERAL SOURCE

30. Plaintiff acknowledges that, pursuant to NRS 41A.035 (as amended by AB 404 (2023)), recoverable noneconomic damages against a provider of health care for professional negligence are capped at the amount published annually by the Nevada Supreme Court. The published cap escalates by $80,000 per year through January 1, 2028 (reaching $750,000), and increases 2.1% per year thereafter, beginning January 1, 2029.

31. Pursuant to NRS 41.141, comparative negligence is not a complete bar unless Plaintiff's negligence is greater than the combined negligence of the parties against whom recovery is sought (50% bar / modified comparative). Several liability applies to noneconomic damages; joint liability is limited as set forth in NRS 41.141(4).

XI. JURY DEMAND

32. Plaintiff hereby demands a trial by jury on all issues so triable.

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, jointly and severally where permitted by law, as follows:

A. For past and future economic damages in an amount in excess of $15,000, to be proven at trial;

B. For past and future noneconomic damages, subject to the cap set forth in NRS 41A.035 as applicable on the date of judgment;

C. For special damages including medical expenses, lost wages, and lost earning capacity according to proof;

D. For [wrongful-death damages under NRS 41.085 / loss-of-consortium damages / ____];

E. For pre-judgment and post-judgment interest as allowed by NRS 17.130 and NRS 99.040;

F. For costs of suit pursuant to NRS 18.020 and NRS 18.005;

G. For attorneys' fees if and where authorized by statute, contract, or rule (subject to NRS 7.095 limitations on contingent fees in medical-malpractice actions); and

H. For such other and further relief as the Court deems just and proper.

DATED this [____] day of [__________], 20[__].

Respectfully submitted,

[FIRM NAME]

By: ____________________________________
[ATTORNEY NAME], Esq.
Nevada Bar No. [____]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Attorneys for Plaintiff(s)

VERIFICATION (Optional)

STATE OF NEVADA )
) ss.
COUNTY OF [____] )

I, [PLAINTIFF NAME], being first duly sworn, depose and say: I am the Plaintiff in the foregoing action; I have read the foregoing Complaint; and the matters stated therein are true of my own knowledge except as to those matters stated upon information and belief, and as to those matters I believe them to be true.

____________________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [__________], 20[__].

____________________________________
Notary Public

ATTACHMENTS / EXHIBITS

☐ Exhibit 1 — Affidavit of Medical Expert pursuant to NRS 41A.071 (REQUIRED — failure to file with complaint mandates dismissal without prejudice)
☐ Exhibit 2 — Curriculum vitae of medical expert
☐ Exhibit 3 — [Relevant medical records / imaging reports — if pleaded by attachment]
☐ Exhibit 4 — [Letter of administration / guardian-ad-litem appointment, if applicable]
☐ Initial Appearance Fee Disclosure (NRS 19.0335)
☐ Civil Cover Sheet
☐ Summons(es)

PRE-FILING CHECKLIST

☐ Confirmed cause of action accrued — analyzed under NRS 41A.097 (3 years from injury / 2 years from discovery for post-Oct 1, 2023 injuries; 1 year discovery for pre-Oct 1, 2023 injuries; 4-year repose).

☐ Identified each "provider of health care" under NRS 41A.017.

☐ Obtained Affidavit of Medical Expert under NRS 41A.071 — separately addressing each defendant; expert practices in substantially similar field.

☐ Confirmed expert's licensure, CV, and absence of disqualifying conflict.

☐ Verified current NRS 41A.035 noneconomic-damages cap published by Nevada Supreme Court for the relevant year.

☐ Confirmed venue (district where cause arose or any defendant resides/does business).

☐ Reviewed EDCR (or applicable district rules) for case-management and complex-case requirements.

☐ Determined whether matter is exempt from court-annexed arbitration program (NAR 3(A) — professional-negligence actions are exempt).

☐ Considered NRCP 16.1 early disclosure obligations and protective-order needs for HIPAA-covered records.

☐ Considered any contractual arbitration provisions in admissions paperwork (and viability under Tallman v. Eighth Judicial Dist. Ct. and successor case law).

☐ Calendared response deadlines, NRCP 16.1 conference, and expert-disclosure schedule.

SOURCES AND REFERENCES

• Nevada Revised Statutes Chapter 41A — Actions for Professional Negligence: https://www.leg.state.nv.us/NRS/NRS-041A.html
• NRS 41A.015 — Definition of professional negligence.
• NRS 41A.017 — Definition of "provider of health care."
• NRS 41A.035 — Limitation on amount of award for noneconomic damages; annual publication of cap by Nevada Supreme Court.
• NRS 41A.071 — Dismissal of action filed without affidavit of medical expert.
• NRS 41A.097 — Limitation of actions; tolling.
• NRS 41A.110 — Conclusive presumption of consent.
• NRS 41.085 — Wrongful death.
• NRS 41.141 — Comparative negligence; several liability for noneconomic damages.
• AB 404 (82d Sess. 2023) — Amending NRS 41A.035 noneconomic-damages cap with phased annual increases.
• Nevada Supreme Court — Annual Publication of NRS 41A.035 Noneconomic-Damages Cap: https://nvcourts.gov/supreme/court_information/limitations_of_noneconomic_damages_against_health_care_providers_nrs_41a.035
• Tam v. Eighth Judicial Dist. Ct., 131 Nev. 792, 358 P.3d 234 (2015).
• Borger v. Eighth Judicial Dist. Ct., 120 Nev. 1021, 102 P.3d 600 (2004).
• Washoe Med. Ctr. v. Second Judicial Dist. Ct., 122 Nev. 1298, 148 P.3d 790 (2006).
• Szymborski v. Spring Mountain Treatment Ctr., 133 Nev. 638, 403 P.3d 1280 (2017).
• Nevada Rules of Civil Procedure (NRCP).
• Eighth Judicial District Court Rules (EDCR).