Nevada § 41A.097 - Limitation of actions; tolling of limitation

§ 41A.097. Limitation of actions; tolling of limitation

1. Except as otherwise provided in subsection 4, an action for injury or death against

a provider of health care may not be commenced more than 4 years after the date of

injury or 2 years after the plaintiff discovers or through the use of reasonable diligence

should have discovered the injury, whichever occurs first, for: (a) Injury to or the wrongful death of a person occurring before October 1, 2002,

based upon alleged professional negligence of the provider of health care; (b) Injury to or the wrongful death of a person occurring before October 1, 2002,

from professional services rendered without consent; or (c) Injury to or the wrongful death of a person occurring before October 1, 2002,

from error or omission in practice by the provider of health care. 2. Except as otherwise provided in subsection 4, an action for injury or death against

a provider of health care may not be commenced more than 3 years after the date of

injury or 1 year after the plaintiff discovers or through the use of reasonable diligence

should have discovered the injury, whichever occurs first, for: (a) Injury to or the wrongful death of a person occurring on or after October 1, 2002

and before October 1, 2023, based upon alleged professional negligence of the provider

of health care; (b) Injury to or the wrongful death of a person occurring on or after October 1, 2002

and before October 1, 2023, from professional services rendered without consent;

or (c) Injury to or the wrongful death of a person occurring on or after October 1, 2002

and before October 1, 2023, from error or omission in practice by the provider of

health care. 3. Except as otherwise provided in subsection 4, an action for injury or death against

a provider of health care may not be commenced more than 3 years after the date of

injury or 2 years after the plaintiff discovers or through the use of reasonable diligence

should have discovered the injury, whichever occurs first, for: (a) Injury to or the wrongful death of a person occurring on or after October 1, 2023,

based upon alleged professional negligence of the provider of health care; (b) Injury to or the wrongful death of a person occurring on or after October 1, 2023,

from professional services rendered without consent; or (c) Injury to or the wrongful death of a person occurring on or after October 1, 2023,

from error or omission in practice by the provider of health care. 4. This time limitation is tolled for any period during which the provider of health

care has concealed any act, error or omission upon which the action is based and which

is known or through the use of reasonable diligence should have been known to the

provider of health care. 5. For the purposes of this section, the parent, guardian or legal custodian of any

minor child is responsible for exercising reasonable judgment in determining whether

to prosecute any cause of action limited by subsection 1, 2 or 3. If the parent, guardian

or custodian fails to commence an action on behalf of that child within the prescribed

period of limitations, the child may not bring an action based on the same alleged

injury against any provider of health care upon the removal of the child's disability,

except that in the case of: (a) Brain damage or birth defect, the period of limitation is extended until the child

attains 10 years of age. (b) Sterility, the period of limitation is extended until 2 years after the child

discovers the injury.