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Many people still believe that the two-year medical malpractice statute of limitations is in place in Nevada and unknowingly let their cases lapse. This article aims to inform the public about the change in the law to prevent the tragic expiration of meritorious medical malpractice cases. In 2004, the state of Nevada, by initiative petition, changed the statute of limitations for medical malpractice actions from two years to one year. The statute begins to run from the moment the medical malpractice is discovered or should have been discovered. The outer end of the new statute of limitations in Nevada requires any negligence lawsuit to be filed in three years from the date of the malpractice, regardless of the date of discovery.

It is very difficult for victims of medical malpractice and/or medical wrongful death to find out what happened to them, shorten their grief, and jump through all the necessary legal and medical hurdles to file a meritorious claim within a year. First, any malpractice victim should find an “expert” in the same field as the doctor who committed the malpractice. That expert must opine in a sworn written statement attached to the Lawsuit that the malpractice did occur. This involves a thorough investigation of medical records, which are often difficult for surviving family members to gather from the various medical providers after the great pain and loss that accompanies any injury or illness. Expertise in medical malpractice can also be expensive, which is an added burden for those who are already suffering from the obvious financial strains that come with illness, injury, and sometimes death. However, expert opinions take a lot of time and analysis and often even a little bravery on the part of the expert who is willing to come forward and tell it like it is.

The medical community was historically said to be involved in a “conspiracy of silence” in which many doctors refused to come forward even in the face of the most obvious medical negligence. Often those who stepped forward faced the possibility of being ostracized or discredited in their close-knit communities. Recently, however, there has been a noticeable and refreshing trend for ethical and concerned physicians to come forward and report malpractice, as required by many state codes. This seems to be the result of a new attitude that embodies the belief that the medical community benefits from a certain degree of self-control and cleanliness.

While most doctors work faithfully and tirelessly for their patients, there are still very few who do not meet the minimum standards of care. It is in the best interest of the public and the medical community to identify the bad apples and bring them forward and hold them accountable for their malpractice. The interest here is not only to find a remedy for the injured, but also to prevent future victims. In the long run, insurance rates go down, the quality of health care goes up, and the resulting pride and trust in the medical community improves dramatically.

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