Nevada Healthcare Malpractice Damages, Question 3 (2004)

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Nevada Question 3, also known as Keep Our Doctors in Nevada, was on the November 2, 2004 election ballot in Nevada as a initiated constitutional amendment, where it was approved.[1]

  • Yes: 468,059 (59.3%) Approved
  • No: 320,129 (40.7%)

Text of the proposal

The language that appeared on the ballot:

Shall Title 1 of the Nevada Revised Statutes governing attorneys, and Title 3 of the Nevada Revised Statutes governing actions for medical or dental malpractice and damage awards, be amended to limit attorney's fees and damages which a plaintiff may recover in an action regarding professional negligence?

EXPLANATION

The proposed amendment, if passed, would create a new section to Title 1, Chapter 7 of the Nevada Revised Statutes (NRS) to limit attorney's fees in actions against providers of health care based upon professional negligence. The amendment would amend Title 3, Chapter 41A of the NRS by limiting noneconomic damages to $350,000, eliminating joint and several liability of a provider of health care based upon professional negligence, and revising the statute of limitations for the filing of actions. The amendment would add a new provision to Title 3, Chapter 42 of the NRS allowing a defendant to introduce into evidence all benefits payable to the plaintiff as a result of the injury or death, and make changes to how damages are paid, including future damages and periodic payments. The amendment repeals provisions of Title 3, Chapter 41A and Chapter 42 of the NRS regarding limitations on liability for noneconomic damages, several liability for noneconomic damages, and setoff and payment of damages for medical malpractice.

See also

Reference

  1. 2004 Nevada General Election Results
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