Nevada has implemented reform for both non-economic damages as well as punitive damages. Malpractice insurers find it a favorable state to write business and new carriers have begun to offer coverage to Nevada physicians. With the increase in competition between insurance companies and more companies to choose from, it is extremely important to have an experienced agent on your side. Desert Mountain Insurance will research and evaluate the companies and coverage components to ensure you are well informed in the purchase of a policy.
We partner with many major nationwide medical professional liability insurance carriers as well as local Nevada medical professional liability insurance companies. We not only shop for the best Nevada medical malpractice insurance rates, but evaluate Nevada professional liability insurance coverage and provide objective guidance to our Nevada clients so they may select the professional liability carrier, professional liability policy and malpractice protection that best meets their specific needs.
Pursuant to Nevada Revised Statute Section 629.051, physicians may not destroy medical records for patients under the age of 23. Medical records may be destroyed for patients over the age of 23 so long as they have been retained for 5 years. This state statute does not supersede any federal law or contract requirement that the physician enters into agreement.
In addition to direct patient care services, physicians and other healthcare providers also have administrative responsibilities which may or may not be automatically covered by a Nevada medical malpractice insurance policy. Please consult your Nevada medical professional liability insurance agent to determine if the administrative responsibilities within your practice are covered under your current Nevada medical malpractice insurance policy or if alternative coverage options are available.
It is important to note the change in the statute of limitations for Nevada regarding medical malpractice lawsuits:
If the injury or death occurred after October 1, 2002, then the following applies: Nevada Revised Statute Section 41A.097 states that a medical malpractice lawsuit must commence no longer than 3 years after the date of injury or no more than 1 year after the date of discovery.
If the injury or death occurred before October 1, 2002, the the following applies: Nevada Revised Statute Section 41A.097 states that a medical malpractice lawsuit must commence no longer than 4 years after the date of injury or no more than 2 years after the date of discovery. Why is it important to consider the prior limitation? There are certain exceptions for minors as well as the determination of what the specific date of discovery is.
We recommend contacting your Nevada medical professional liability insurance agent or company to discus any concerns regarding coverage should you receive a written demand from a patient or patient representative.