Recent Reforms Enacted (since 2003) Voter-passed initiative strengthens the $350,000 cap on noneconomic damages, provides for extended payments of awards, limits attorney fees to 40% of the first $50,000, 33.3% of the next $50,000, 25% of the next $500,000 and 15% of any additional award. Enacts collateral source and joint and several liability reforms. (2004)
Emergency Care Provision Physicians in trauma centers only: $50,000 damage cap for prestabilization care for patients who enter through the emergency department unless reckless and willful conduct
Reform Elements In Law $350K Cap
Periodic Payments
Attorney Fee
Limit Collateral Source
Joint Liability
Expert Witness
Affidavit of Merit
Constitutional Status of Reforms (2011) Supreme Court asked by plaintiffs to review Villegas v. 8th Judicial District Court, challenging damage cap.
Change in Insurance Rates AMA reports at least one insurer raised rates as much as 25 to 40% in 2004. Physician owned insurer Nevada Mutual, which covers about half of all physicians in the state reduced rates by an avg. of 2.5% in 2005, but says some OB’s still pay about $140,000 per year. In 2005, Medical Liability Association was granted a 14.8% overall premium increase.
Insurance Availability Information not available.
Change in Physician Availability Nevada Mutual, a physician-owned insurer and largest carrier in the state reports that none of the residents who completed work at University Medical Center in Las Vegas in 2004 remained in Nevada.
Change in Cases Filed/Awards The number of lawsuits filed against health care providers in Clark County has risen from 372 in 2001 to 1,116 in 2003. (Clark County Medical Society, March 2004).   102 paid claims in 2003 or 23.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 107 paid claims in 2005 or 23.4 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) The number of liability cases filed in Clark County in 2005 fell to 160. 82 total number of paid claims for 2006 or 14.5 per 1,000 active, non-federal physicians. 71 paid claims in 2007.
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