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Med Mal News

By ALM Staff | Law Journal Newsletters |
December 27, 2004

Nevada Passes Some Med-Mal Reforms, But Not Others

Nevada's voters passed ballot Question 3, a measure that eliminated the former exception for medical malpractice cases to the $350,000 state cap on noneconomic damages. The new measure also eliminates joint-and-several liability in malpractice cases, so that defendants now may be held financially responsible only for that percentage of harm attributable to them. In addition, it caps attorney fees and allows juries to be told what plaintiffs' incomes are.

The state's voters shot down Question 4, however, which had the support of attorneys. That measure would have required a decrease in medical malpractice premium rates but would have coupled that with the threat that if rates didn't decrease by 10% within the first year, the state cap on noneconomic damages in malpractice suits would be eliminated. Question 5, which would have fined attorneys for filing frivolous malpractice suits, also failed to pass.

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