Revises provisions governing civil actions against a provider of health care for professional negligence. (BDR 3-709)

Existing law limits the amount of noneconomic damages that a plaintiff may recover in a civil action brought against a provider of health care for professional negligence to $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based. (NRS 41A.035) Section 2 of this bill requires that amount to be increased by $80,000 on January 1 of each year beginning on January 1, 2024, and ending on January 1, 2028, when the amount reaches $750,000. Beginning on January 1, 2029, section 2 requires that amount to be increased on January 1 of each year by 2.1 percent. Section 2 additionally requires the Nevada Supreme Court to annually publish on its Internet website the maximum amount of noneconomic damages that may be awarded to a plaintiff in an action for injury or death against a provider of health care based upon professional negligence in each year for the following 20 years. Existing law requires an action for injury or death against a provider of health care based on professional negligence, professional services rendered without consent or error or omission in practice, to be commenced: (1) for an injury that occurred on or after October 1, 2002, not more than 3 years after the date of injury or 1 year after the plaintiff discovers or should have discovered the injury; and (2) if the injury occurred before October 1, 2002, not more than 4 years after the date of injury or 2 years after the plaintiff discovers or should have discovered the injury. (NRS 41A.097) Section 3 of this bill requires such an action to be brought, for an injury that occurred on or after October 1, 2023, not more than 3 years after the date of injury or 2 years after the plaintiff discovers or should have discovered the injury. Existing law limits the amount of a contingent fee that an attorney representing a plaintiff in a civil action against a provider of health care for professional negligence may contract for or collect to: (1) forty percent of the first $50,000 recovered; (2) thirty-three and one-third percent of the next $50,000 recovered; (3) twenty-five percent of the next $500,000 recovered; and (4) fifteen percent of the amount of recovery that exceeds $600,000. (NRS 7.095) Section 3.5 of this bill eliminates that tier of amounts and instead limits the amount of a contingent fee that such an attorney may contract for or collect to 35 percent of the amount recovered.