Document Category:
State: Nevada
Subject Matter: Medical Malpractice cap
Document Title:
Comments:

As some of you may know, Nevada recently amended its medical
malpractice statutes to make it crystal clear that there is a $350,000 cap on
general damages despite the number of plaintiffs, defendants or causes of
action.  Additionally the prior definition of healthcare provider did not
include a skilled nursing facility.  The plaintiffs bar and even some
judges argued that a skilled nursing facility therefore was not entitled to the
protection of the statues.  I believe the legislature corrected this
oversight.

While the amended statute does not list “skilled nursing
facility” per se in the definition it does include a catchall phrase that
brings a skilled nursing facility within the ambit of the statute,
specifically:

41A.017 “Provider of health
care” means a physician licensed [under] pursuant
to
chapter 630 , 630A or
633 of NRS, physician  assistant, dentist, licensed nurse, dispensing optician,
optometrist, practitioner of respiratory care, registered
physical therapist, occupational therapist, podiatric
physician, licensed psychologist, licensed
marriage and family therapist, licensed clinical,
 professional counselor, music therapist, chiropractor,athletic trainer, perfusionist, doctor
of Oriental medicine [,] in any form, medical
laboratory director or technician, pharmacist orlicensed dietitian or a licensed hospital , clinic, surgery center or other 17 entity that employs any such person and its employees.

The language in blue was recently added. 

The effect is that a SNF is an “other entity” that employs
licensed nurses.  The following language, “other entity that employs any such person and its employees.”   not
only brings the SNF within the ambit of the statute, but also all its
employees including non medical ones such as the administrator.

Alex Giovanniello

One Pointe Drive | Suite 300 |  Brea, CA 92821

Tel. (714) 364-4000 | Fax (714) 364-4001

afg@giolawgroup.com

 


Document Author: Alex Giovanniello
Firm/Company: Giovanniello Law Group
Document Date: October 2015
Search Tags: NV
File Attachments:

Copyright:

loggedout