Failure to Treat in Nevada
Average Settlement: $250,000 - $750,000 | Statute: 3 years from the date of injury or 1 year from the date the injury was or should have been discovered, whichever is earlier
About Failure to Treat
Failure to treat occurs when a healthcare provider correctly diagnoses a condition but fails to provide appropriate treatment, refer the patient to a specialist, or follow established treatment protocols. This form of malpractice can be particularly frustrating for patients who sought care, received a correct diagnosis, and then experienced harm because the necessary next steps were never taken. These cases often involve systemic issues such as overloaded physicians, poor follow-up systems, or cost-driven treatment decisions.
Nevada Medical Malpractice Laws
Statute of Limitations
3 years from the date of injury or 1 year from the date the injury was or should have been discovered, whichever is earlier
Damage Cap
$350,000 non-economic damages
Discovery Rule
Nevada applies the discovery rule, with a 1-year period from discovery but subject to the 3-year outer limit from the date of injury.
Pre-Filing Requirements
Plaintiffs must file an affidavit of merit from a medical expert supporting the claim.
Common Examples of Failure to Treat
- •Failing to prescribe appropriate medication after diagnosing a treatable condition
- •Not referring a patient to a specialist when the condition requires specialized care
- •Discharging a patient without an adequate treatment or follow-up plan
- •Ignoring or failing to act on abnormal test results that confirm a known diagnosis
- •Failure to provide appropriate post-surgical care or rehabilitation
- •Not ordering necessary follow-up imaging or biopsies after an initial diagnosis
- •Providing treatment that is outdated or inconsistent with current clinical guidelines
Key Facts
- ✓Failure to treat is legally distinct from misdiagnosis — the provider identified the condition correctly but did not act on it appropriately
- ✓Clinical practice guidelines from medical specialty organizations are often introduced as evidence to show what the standard treatment should have been
- ✓These cases frequently involve gaps in care coordination, particularly when multiple providers or healthcare systems are involved in a patient's treatment
- ✓Electronic health records that show a diagnosis was documented but no corresponding treatment plan was entered can be powerful evidence of failure to treat
- ✓Insurance-driven treatment denials may contribute to failure to treat, but the treating physician still has a legal duty to advocate for and pursue medically necessary care
- ✓Expert testimony in these cases typically focuses on what a competent physician in the same specialty would have done after reaching the same diagnosis
- ✓Nevada caps non-economic damages at $350,000 in medical malpractice cases.
- ✓An affidavit of merit from a qualified medical expert must be filed with the complaint.
- ✓Nevada follows a modified comparative negligence system with a 51% bar.
- ✓The state has separate provisions for claims against governmental healthcare providers with additional procedural requirements.
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Other Malpractice Types in Nevada
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Nevada.