(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 1–Assemblymen Perkins, Buckley, Anderson, Hettrick, Cegavske, Angle, Arberry, Bache, Beers, Berman, Brower, Brown, Carpenter, Chowning, Claborn, Collins, de Braga, Dini, Freeman, Gibbons, Giunchigliani, Goldwater, Gustavson, Humke, Koivisto, Lee, Leslie, Manendo, Martin, Marvel, McClain, Mortenson, Neighbors, Nolan, Oceguera, Ohrenschall, Parks, Parnell, Price, Smith, Tiffany and Williams

 

July 30, 2002

____________

 

Referred to Committee on Medical Malpractice Issues

 

SUMMARY—Makes various changes related to medical and dental malpractice. (BDR 3‑17)

 

FISCAL NOTE:                     Effect on Local Government: No.

                                 Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to malpractice; limiting the liability of certain medical providers for negligent acts under certain circumstances; establishing a limitation on the amount of noneconomic damages that may be awarded in an action for medical malpractice or dental malpractice; providing for several liability of a defendant for noneconomic damages in an action for medical malpractice; making various changes concerning the payment of future economic damages in actions for medical malpractice; providing for the mandatory dismissal of an action for medical malpractice or dental malpractice under certain circumstances; repealing the provisions pertaining to the use of screening panels for an action for medical malpractice or dental malpractice; revising the statute of limitations for filing an action for medical malpractice or dental malpractice; making various other changes concerning actions for medical malpractice or dental malpractice; requiring certain district judges to receive training concerning the complex issues involved in medical malpractice litigation; requiring courts to impose certain sanctions on attorneys in certain circumstances; making various changes relating to the reporting of claims of malpractice or negligence; and providing other matters properly relating thereto.

 

   Whereas, The State of Nevada is experiencing extreme difficulties attracting and maintaining a sufficient network of physicians to meet the needs of the residents of this state; and

   Whereas, The Nevada Legislature has determined that the shortage of physicians and the inability to attract new physicians to this state pose a serious threat to the health, welfare and safety of the residents of the State of Nevada; and

   Whereas, It is recognized that patients who have been injured by medical malpractice must be afforded appropriate access to legal remedies for their injuries and that judicial discretion to render decisions in malpractice actions involving exceptional circumstances must be preserved; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  Chapter 41 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  Except as otherwise provided in subsection 3 and NRS 41.505:

1-4    (a) A hospital which has been designated as a center for the treatment

1-5  of trauma by the administrator of the health division of the department of

1-6  human resources pursuant to NRS 450B.237 and which is a nonprofit

1-7  organization;

1-8    (b) An employee of a hospital described in paragraph (a) who renders

1-9  care or assistance to patients;

1-10    (c) A physician or dentist licensed under the provisions of chapter

1-11  630, 631 or 633 of NRS who renders care or assistance in a hospital

1-12  described in paragraph (a), whether or not the care or assistance was

1-13  rendered gratuitously or for a fee; and

1-14    (d) A physician or dentist licensed under the provisions of chapter

1-15  630, 631 or 633 of NRS:

1-16      (1) Whose liability is not otherwise limited pursuant to NRS 41.032

1-17  to 41.0337, inclusive; and

1-18      (2) Who renders care or assistance in a hospital of a governmental

1-19  entity that has been designated as a center for the treatment of trauma by

1-20  the administrator of the health division of the department of human

1-21  resources pursuant to NRS 450B.237, whether or not the care or

1-22  assistance was rendered gratuitously or for a fee,

1-23  that in good faith renders care or assistance necessitated by a sudden,

1-24  unexpected situation or occurrence resulting in a serious medical

1-25  condition demanding immediate medical attention, for which the patient

1-26  enters the hospital through its emergency room or trauma center, may

1-27  not be held liable for more than $50,000 in civil damages, exclusive of

1-28  interest computed from the date of judgment, to or for the benefit of any

1-29  claimant arising out of any act or omission in rendering that care or

1-30  assistance if the care or assistance is rendered in good faith and in a

1-31  manner not amounting to gross negligence or reckless, willful or wanton

1-32  conduct.

1-33    2.  Except as otherwise provided in subsection 3 and NRS 41.505:

1-34    (a) A hospital other than a hospital described in paragraph (a) of

1-35  subsections 1 and 2;

1-36    (b) An employee of a hospital described in paragraph (a); and

1-37    (c) A physician or dentist licensed under the provisions of chapter

1-38  630, 631 or 633 of NRS who renders care or assistance in a hospital

1-39  described in paragraph (a), whether or not the care or assistance was

1-40  rendered gratuitously or for a fee,

that in good faith renders care or assistance necessitated by a sudden,

1-41  unexpected situation or occurrence resulting in an acute life-threatening

1-42  medical condition demanding immediate medical attention, for which the

1-43  patient enters the hospital through its emergency room, may not be held

1-44  liable for more than $50,000 in civil damages, exclusive of interest

1-45  computed from the date of judgment, to or for the benefit of any claimant

1-46  arising out of any act or omission in rendering that care or assistance if

1-47  the care or assistance is rendered in good faith and in a manner not

1-48  amounting to gross negligence or reckless, willful or wanton conduct.

1-49    3.  The limitation on liability provided pursuant to this section does

1-50  not apply to any act or omission in rendering care or assistance:

1-51    (a) Which occurs after the patient is stabilized and is capable of

1-52  receiving medical treatment as a nonemergency patient, unless surgery is

1-53  required as a result of the emergency within a reasonable time after the

1-54  patient is stabilized, in which case the limitation on liability provided by

1-55  subsections 1 and 2 applies to any act or omission in rendering care or

1-56  assistance which occurs before the stabilization of the patient following

1-57  the surgery; or

1-58    (b) Unrelated to the original medical emergency.

1-59    4.  If:

1-60    (a) A physician or dentist  provides follow-up care to a patient to

1-61  whom he rendered care or assistance pursuant to subsection 1 or 2;

1-62    (b) A medical condition arises during the course of the follow-up care

1-63  that is directly related to the original medical condition for which care or

1-64  assistance was rendered pursuant to subsection 1 or 2; and

1-65    (c) The patient files an action for malpractice based on the medical

1-66  condition that arises during the course of the follow-up care,

1-67  there is a rebuttable presumption that the medical condition was caused

1-68  by the care or assistance rendered pursuant to subsection 1 or 2 and that

1-69  the limitation on liability provided by subsection 1 or 2 applies with

1-70  respect to the medical condition that arises during the course of the

1-71  follow-up care.

1-72    5.  For the purposes of this section, “reckless, willful or wanton

1-73  conduct,” as it applies to a person to whom subsection 1 or 2 applies,

1-74  shall be deemed to be that conduct which the person knew or should have

1-75  known at the time he rendered the care or assistance would be likely to

1-76  result in injury so as to affect the life or health of another person, taking

1-77  into consideration to the extent applicable:

1-78    (a) The extent or serious nature of the prevailing circumstances;

1-79    (b) The lack of time or ability to obtain appropriate consultation;

1-80    (c) The lack of a prior medical relationship with the patient;

1-81    (d) The inability to obtain an appropriate medical history of the

1-82  patient; and

1-83    (e) The time constraints imposed by coexisting emergencies.

1-84    Sec. 1.5.  NRS 41.505 is hereby amended to read as follows:

1-85    41.505  1.  Any physician or registered nurse who in good faith gives

1-86  instruction or provides supervision to an emergency medical attendant or

1-87  registered nurse, at the scene of an emergency or while transporting an ill

1-88  or injured person from the scene of an emergency, is not liable for any civil

2-1  damages as a result of any act or omission, not amounting to gross

2-2  negligence, in giving that instruction or providing that supervision. An

2-3  emergency medical attendant, registered nurse or licensed practical nurse

2-4  who obeys an instruction given by a physician, registered nurse or licensed

2-5  practical nurse and thereby renders emergency care, at the scene of an

2-6  emergency or while transporting an ill or injured person from the scene of

2-7  an emergency, is not liable for any civil damages as a result of any act or

2-8  omission, not amounting to gross negligence, in rendering that emergency

2-9  care.

2-10    2.  Except as otherwise provided in subsection 3, any person licensed

2-11  under the provisions of chapter 630, 632 or 633 of NRS and any person

2-12  who holds an equivalent license issued by another state, who renders

2-13  emergency care or assistance in an emergency, gratuitously and in good

2-14  faith, is not liable for any civil damages as a result of any act or omission,

2-15  not amounting to gross negligence, by him in rendering the emergency care

2-16  or assistance or as a result of any failure to act, not amounting to gross

2-17  negligence, to provide or arrange for further medical treatment for the

2-18  injured or ill person. This section does not excuse a physician or nurse

2-19  from liability for damages resulting from his acts or omissions which occur

2-20  in a licensed medical facility relative to any person with whom there is a

2-21  preexisting relationship as a patient.

2-22    3.  Any person licensed under the provisions of chapter 630, 632 or 633

2-23  of NRS and any person who holds an equivalent license issued by another

2-24  state who renders emergency obstetrical care or assistance to a pregnant

2-25  woman during labor or the delivery of the child is not liable for any civil

2-26  damages as a result of any act or omission by him in rendering that care or

2-27  assistance if:

2-28    (a) The care or assistance is rendered in good faith and in a manner not

2-29  amounting to gross negligence or reckless, willful or wanton conduct;

2-30    (b) The person has not previously provided prenatal or obstetrical care

2-31  to the woman; and

2-32    (c) The damages are reasonably related to or primarily caused by a lack

2-33  of prenatal care received by the woman.

2-34  A licensed medical facility in which such care or assistance is rendered is

2-35  not liable for any civil damages as a result of any act or omission by the

2-36  person in rendering that care or assistance if that person is not liable for

2-37  any civil damages pursuant to this subsection and the actions of the

2-38  medical facility relating to the rendering of that care or assistance do not

2-39  amount to gross negligence or reckless, willful or wanton conduct.

2-40    4.  Any person licensed under the provisions of chapter 630, 632 or 633

2-41  of NRS and any person who holds an equivalent license issued by another

2-42  state who:

2-43    (a) Is retired or otherwise does not practice on a full-time basis; and

2-44    (b) Gratuitously and in good faith, renders medical care within the

2-45  scope of his license to an indigent person,

2-46  is not liable for any civil damages as a result of any act or omission by him,

2-47  not amounting to gross negligence or reckless, willful or wanton conduct,

2-48  in rendering that care.

3-1    5.  Any person licensed to practice medicine under the provisions of

3-2  chapter 630 or 633 of NRS or licensed to practice dentistry under the

3-3  provisions of chapter 631 of NRS who renders care or assistance to a

3-4  patient at a health care facility of a governmental entity or a nonprofit

3-5  organization is not liable for any civil damages as a result of any act or

3-6  omission by him in rendering that care or assistance if the care or

3-7  assistance is rendered gratuitously, in good faith and in a manner not

3-8  amounting to gross negligence or reckless, willful or wanton conduct.

3-9    6.  As used in this section:

3-10    (a) “Emergency medical attendant” means a person licensed as an

3-11  attendant or certified as an emergency medical technician, intermediate

3-12  emergency medical technician or advanced emergency medical technician

3-13  pursuant to chapter 450B of NRS.

3-14    (b) “Gratuitously” has the meaning ascribed to it in NRS 41.500.

3-15    (c) “Health care facility” has the meaning ascribed to it in NRS

3-16  449.800.

3-17    Sec. 2. Chapter 41A of NRS is hereby amended by adding thereto the

3-18  provisions set forth as sections 3 to 9, inclusive, of this act.

3-19    Sec. 3.  “Economic damages” includes damages for medical

3-20  treatment, care or custody, loss of earnings and loss of earning capacity.

3-21    Sec. 4.  “Noneconomic damages” includes damages to compensate

3-22  for pain, suffering, inconvenience, physical impairment, disfigurement

3-23  and other nonpecuniary damages.

3-24    Sec. 5.  1.  Except as otherwise provided in subsection 2 or 4 and

3-25  except as further limited in subsection 3, in an action for damages for

3-26  medical malpractice or dental malpractice, the noneconomic damages

3-27  awarded to each plaintiff from each defendant must not exceed $350,000.

3-28    2.  In an action for damages for medical malpractice or dental

3-29  malpractice, the limitation on noneconomic damages set forth in

3-30  subsection 1 does not apply in the following circumstances and types of

3-31  cases:

3-32    (a) A case in which the conduct of the defendant is determined to

3-33  constitute gross malpractice; or

3-34    (b) A case in which, following return of a verdict by the jury or a

3-35  finding of damages in a bench trial, the court determines, by clear and

3-36  convincing evidence admitted at trial, that an award in excess of

3-37  $350,000 for noneconomic damages is justified because of exceptional

3-38  circumstances.

3-39    3.  Except as otherwise provided in subsection 4, in an action for

3-40  damages for medical malpractice or dental malpractice, in the

3-41  circumstances and types of cases described in subsections 1 and 2, the

3-42  noneconomic damages awarded to each plaintiff from each defendant

3-43  must not exceed the amount of money remaining under the professional

3-44  liability insurance policy limit covering the defendant after subtracting

3-45  the economic damages awarded to that plaintiff. Irrespective of the

3-46  number of plaintiffs in the action, in no event may any single defendant

3-47  be liable to the plaintiffs in the aggregate in excess of the professional

3-48  liability insurance policy limit covering that defendant.

4-1    4.  The limitations set forth in subsections 1 and 3 do not apply in an

4-2  action for damages for medical malpractice or dental malpractice unless

4-3  the defendant was covered by professional liability insurance at the time

4-4  the injury occurred in an amount of:

4-5    (a) Not less than $1,000,000 per occurrence; and

4-6    (b) Not less than $3,000,000 in the aggregate.

4-7    5.  This section is not intended to limit the responsibility of any

4-8  defendant for the total economic damages awarded.

4-9    6.  For the purposes of this section, “gross malpractice” means

4-10  failure to exercise the required degree of care, skill or knowledge that

4-11  amounts to:

4-12    (a) A conscious indifference to the consequences which may result

4-13  from the gross malpractice; and

4-14    (b) A disregard for and indifference to the safety and welfare of the

4-15  patient.

4-16    Sec. 6.  1.  In an action for damages for medical malpractice, each

4-17  defendant is liable for noneconomic damages severally only, and not

4-18  jointly, to the plaintiff only for that portion of the judgment which

4-19  represents the percentage of negligence attributable to the defendant.

4-20    2.  As used in this section, “medical malpractice” means the failure

4-21  of a physician, hospital, employee of a hospital, certified nurse midwife

4-22  or certified registered nurse anesthetist in rendering services to use the

4-23  reasonable care, skill or knowledge ordinarily used under similar

4-24  circumstances.

4-25    Sec. 7.  1.  Upon the motion of any party or upon its own motion,

4-26  unless good cause is shown for the delay, the court shall, after due notice

4-27  to the parties, dismiss an action involving medical malpractice or dental

4-28  malpractice if the action is not brought to trial within:

4-29    (a) Three years after the date on which the action is filed, if the action

4-30  is filed on or after October 1, 2002, but before October 1, 2005.

4-31    (b) Two years after the date on which the action is filed, if the action

4-32  is filed on or after October 1, 2005.

4-33    2.  Dismissal of an action pursuant to subsection 1 is a bar to the

4-34  filing of another action upon the same claim for relief against the same

4-35  defendants.

4-36    3.  Each district court shall adopt court rules to expedite the

4-37  resolution of an action involving medical malpractice or dental

4-38  malpractice.

4-39    Sec. 8.  If an action for medical malpractice or dental malpractice is

4-40  filed in the district court, the district court shall dismiss the action,

4-41  without prejudice, if the action is filed without an affidavit, supporting

4-42  the allegations contained in the action, submitted by a medical expert

4-43  who practices or has practiced in an area that is substantially similar to

4-44  the type of practice engaged in at the time of the alleged malpractice.

4-45    Sec. 9.  1.  In an action for medical malpractice or dental

4-46  malpractice, each plaintiff, each defendant, the representative of each

4-47  defendant’s insurer and their respective attorneys shall attend and

4-48  participate in a settlement conference before a district judge, other than

5-1  the judge assigned to the action, to ascertain whether the action may be

5-2  settled by the parties before trial.

5-3    2.  The judge before whom the settlement conference is held:

5-4    (a) May, for good cause shown, waive the attendance of any party.

5-5    (b) Shall decide what information the parties may submit at the

5-6  settlement conference.

5-7    3.  The judge shall notify the parties of the time and place of the

5-8  settlement conference.

5-9    4.  The failure of any party, his insurer or his attorney to participate

5-10  in good faith in the settlement conference is grounds for sanctions

5-11  against the party or his attorney, or both.

5-12    Sec. 10.  NRS 41A.003 is hereby amended to read as follows:

5-13    41A.003  As used in this chapter, unless the context otherwise requires,

5-14  the words and terms defined in NRS 41A.004 [to 41A.013, inclusive,] ,

5-15  41A.009 and 41A.013 and sections 3 and 4 of this act have the meanings

5-16  ascribed to them in those sections.

5-17    Sec. 11.  NRS 41A.097 is hereby amended to read as follows:

5-18    41A.097  1.  Except as otherwise provided in subsection [2,] 3, an

5-19  action for injury or death against a provider of health care may not be

5-20  commenced more than 4 years after the date of injury or 2 years after the

5-21  plaintiff discovers or through the use of reasonable diligence should have

5-22  discovered the injury, whichever occurs first, for:

5-23    (a) Injury to or the wrongful death of a person[,] occurring before

5-24  October 1, 2002, based upon alleged professional negligence of the

5-25  provider of health care;

5-26    (b) Injury to or the wrongful death of a person occurring before

5-27  October 1, 2002, from professional services rendered without consent; or

5-28    (c) Injury to or the wrongful death of a person occurring before

5-29  October 1, 2002, from error or omission in practice by the provider of

5-30  health care.

5-31    2.  Except as otherwise provided in subsection 3, an action for injury

5-32  or death against a provider of health care may not be commenced more

5-33  than 3 years after the date of injury or 2 years after the plaintiff discovers

5-34  or through the use of reasonable diligence should have discovered the

5-35  injury, whichever occurs first, for:

5-36    (a) Injury to or the wrongful death of a person occurring on or after

5-37  October 1, 2002, based upon alleged professional negligence of the

5-38  provider of health care;

5-39    (b) Injury to or the wrongful death of a person occurring on or after

5-40  October 1, 2002, from professional services rendered without consent; or

5-41    (c) Injury to or the wrongful death of a person occurring on or after

5-42  October 1, 2002, from error or omission in practice by the provider of

5-43  health care.

5-44    3.  This time limitation is tolled[:

5-45    (a) For] for any period during which the provider of health care has

5-46  concealed any act, error or omission upon which the action is based and

5-47  which is known or through the use of reasonable diligence should have

5-48  been known to him.

6-1    [(b) In any action governed by the provisions of NRS 41A.003 to

6-2  41A.069, inclusive, from the date a claimant files a complaint for review

6-3  by a screening panel until 30 days after the date the panel notifies the

6-4  claimant, in writing, of its findings. The provisions of this paragraph apply

6-5  to an action against the provider of health care and to an action against any

6-6  person, government or political subdivision of a government who is alleged

6-7  by the claimant to be liable vicariously for the medical or dental

6-8  malpractice of the provider of health care, if the provider, person,

6-9  government or political subdivision has received notice of the filing of a

6-10  complaint for review by a screening panel within the limitation of time

6-11  provided in subsection 1.

6-12    3.] 4.  For the purposes of this section, the parent, guardian or legal

6-13  custodian of any minor child is responsible for exercising reasonable

6-14  judgment in determining whether to prosecute any cause of action limited

6-15  by subsection 1[.] or 2. If the parent, guardian or custodian fails to

6-16  commence an action on behalf of that child within the prescribed period of

6-17  limitations, the child may not bring an action based on the same alleged

6-18  injury against any provider of health care upon the removal of his

6-19  disability, except that in the case of:

6-20    (a) Brain damage or birth defect, the period of limitation is extended

6-21  until the child attains 10 years of age.

6-22    (b) Sterility, the period of limitation is extended until 2 years after the

6-23  child discovers the injury.

6-24    [4.] 5.  As used in this section, “provider of health care” means a

6-25  physician licensed under chapter 630 or 633 of NRS, dentist, registered

6-26  nurse, dispensing optician, optometrist, registered physical therapist,

6-27  podiatric physician, licensed psychologist, chiropractor, doctor of Oriental

6-28  medicine, medical laboratory director or technician, or a licensed hospital

6-29  as the employer of any such person.

6-30    Sec. 12.  NRS 41A.100 is hereby amended to read as follows:

6-31    41A.100  1.  Liability for personal injury or death is not imposed upon

6-32  any provider of medical care based on alleged negligence in the

6-33  performance of that care unless evidence consisting of expert medical

6-34  testimony, material from recognized medical texts or treatises or the

6-35  regulations of the licensed medical facility wherein the alleged negligence

6-36  occurred is presented to demonstrate the alleged deviation from the

6-37  accepted standard of care in the specific circumstances of the case and to

6-38  prove causation of the alleged personal injury or death, except that such

6-39  evidence is not required and a rebuttable presumption that the personal

6-40  injury or death was caused by negligence arises where evidence is

6-41  presented that the personal injury or death occurred in any one or more of

6-42  the following circumstances:

6-43    (a) A foreign substance other than medication or a prosthetic device was

6-44  unintentionally left within the body of a patient following surgery;

6-45    (b) An explosion or fire originating in a substance used in treatment

6-46  occurred in the course of treatment;

6-47    (c) An unintended burn caused by heat, radiation or chemicals was

6-48  suffered in the course of medical care;

7-1    (d) An injury was suffered during the course of treatment to a part of the

7-2  body not directly involved in the treatment or proximate thereto; or

7-3    (e) A surgical procedure was performed on the wrong patient or the

7-4  wrong organ, limb or part of a patient’s body.

7-5    2.  Expert medical testimony provided pursuant to subsection 1 may

7-6  only be given by a provider of medical care who practices or has

7-7  practiced in an area that is substantially similar to the type of practice

7-8  engaged in at the time of the alleged negligence.

7-9    3. As used in this section, “provider of medical care” means a

7-10  physician, dentist, registered nurse or a licensed hospital as the employer of

7-11  any such person.

7-12    Sec. 13. NRS 42.020 is hereby amended to read as follows:

7-13    42.020  1.  Except as otherwise provided in subsection 2, in any action

7-14  for damages for medical malpractice, the amount of damages, if any,

7-15  awarded in the action must be reduced by the amount of any prior payment

7-16  made by or on behalf of the provider of health care against whom the

7-17  action is brought to the injured person or to the claimant to meet reasonable

7-18  expenses of medical care, other essential goods or services or reasonable

7-19  living expenses.

7-20    2.  In any action described in subsection 1 in which liability for medical

7-21  malpractice is established or admitted, the court shall, before the entry of

7-22  judgment, hold a separate hearing to determine if any expenses incurred by

7-23  the claimant for medical care, loss of income or other financial loss have

7-24  been paid or reimbursed as a benefit from a collateral source. If the court

7-25  determines that a claimant has received such a benefit, the court shall

7-26  reduce the amount of damages, if any, awarded in the action by the amount

7-27  of the benefit. The amount so reduced must not include any amount for

7-28  which there is a right of subrogation to the rights of the claimant if the right

7-29  of subrogation is exercised by serving a notice of lien on the claimant

7-30  before the settlement of or the entry of judgment in the action. Notice of

7-31  the action must be provided by the claimant to any statutory holder of a

7-32  lien.

7-33    3.  If future economic damages are awarded in an action for medical

7-34  malpractice, the [award must be paid, at the election of the claimant:] court

7-35  may, at the request of the claimant, order the award to be paid:

7-36    (a) In a lump sum which has been reduced to its present value as

7-37  determined by the trier of fact and approved by the court; or

7-38    (b) Subject to the provisions of [subsection 5,] subsections 5 and 6 and

7-39  the discretion of the court, in periodic payments either by an annuity

7-40  purchased to provide periodic payments[.] or by other means if the

7-41  defendant posts an adequate bond or other security to ensure full

7-42  payment by periodic payments of the damages awarded by the

7-43  judgment.

7-44  As used in this subsection, “future economic damages” includes damages

7-45  for future medical treatment, care or custody, and loss of future earnings.

7-46    4.  If the claimant [elects to receive] receives periodic payments

7-47  pursuant to paragraph (b) of subsection 3, the award must not be reduced to

7-48  its present value. The amount of the periodic payments must be equal to the

7-49  total amount of all future damages awarded by the trier of fact and

8-1  approved by the court. The period for which the periodic payments must be

8-2  made must be determined by the trier of fact and approved by the court.

8-3  Before the entry of judgment, each party shall submit to the court a plan

8-4  specifying the recipient of the payments, the amount of the payments and a

8-5  schedule of periodic payments for the award. Upon receipt and review of

8-6  the plans, the court shall specify in its judgment rendered in the action the

8-7  recipient of the payments, the amount of the payments and a schedule of

8-8  payments for the award.

8-9    5.  If an annuity is purchased pursuant to paragraph (b) of subsection 3,

8-10  the claimant shall select the provider of the annuity. Upon purchase of the

8-11  annuity, the claimant shall:

8-12    (a) Execute a satisfaction of judgment or a stipulation for dismissal of

8-13  the claim with prejudice; and

8-14    (b) Release forever the defendant and his insurer, if any, from any

8-15  obligation to make periodic payments pursuant to the award.

8-16    6.  If the defendant posts a bond or other security pursuant to

8-17  paragraph (b) of subsection 3, upon termination of the payment of

8-18  periodic payments of damages, the court shall order the return of the

8-19  bond or other security, or as much as remains, to the defendant.

8-20    7.  As used in this section:

8-21    (a) “Benefit from a collateral source” means any money, service or

8-22  other benefit which is paid or provided or is reasonably likely to be paid or

8-23  provided to a claimant for personal injury or wrongful death pursuant to:

8-24      (1) A state or federal act which provides benefits for sickness,

8-25  disability, accidents, loss of income or workers’ compensation;

8-26      (2) A policy of insurance which provides health benefits or coverage

8-27  for loss of income;

8-28      (3) A contract of any group, organization, partnership or corporation

8-29  which provides, pays or reimburses the cost of medical, hospital or dental

8-30  benefits or benefits for loss of income; or

8-31      (4) Any other publicly or privately funded program which provides

8-32  such benefits.

8-33    (b) “Medical malpractice” has the meaning ascribed to it in NRS

8-34  41A.009.

8-35    Sec. 14.  NRS 1.360 is hereby amended to read as follows:

8-36    1.360  Under the direction of the supreme court, the court administrator

8-37  shall:

8-38    1.  Examine the administrative procedures employed in the offices of

8-39  the judges, clerks, court reporters and employees of all courts of this state

8-40  and make recommendations, through the chief justice, for the improvement

8-41  of those procedures;

8-42    2.  Examine the condition of the dockets of the courts and determine

8-43  the need for assistance by any court;

8-44    3.  Make recommendations to and carry out the directions of the chief

8-45  justice relating to the assignment of district judges where district courts are

8-46  in need of assistance;

 

 

9-1    4.  Develop a uniform system for collecting and compiling statistics

9-2  and other data regarding the operation of the state court system and

9-3  transmit that information to the supreme court so that proper action may be

9-4  taken in respect thereto;

9-5    5.  Prepare and submit a budget of state appropriations necessary for

9-6  the maintenance and operation of the state court system and make

9-7  recommendations in respect thereto;

9-8    6.  Develop procedures for accounting, internal auditing, procurement

9-9  and disbursement for the state court system;

9-10    7.  Collect statistical and other data and make reports relating to the

9-11  expenditure of all public money for the maintenance and operation of the

9-12  state court system and the offices connected therewith;

9-13    8.  Compile statistics from the information required to be maintained

9-14  by the clerks of the district courts pursuant to NRS 3.275 and make reports

9-15  as to the cases filed in the district courts;

9-16    9.  Formulate and submit to the supreme court recommendations of

9-17  policies or proposed legislation for the improvement of the state court

9-18  system;

9-19    10.  On or before January 1 of each year, submit to the director of the

9-20  legislative counsel bureau a written report compiling the information

9-21  submitted to the court administrator pursuant to NRS 3.243, 4.175 and

9-22  5.045 during the immediately preceding fiscal year; [and]

9-23    11.  On or before February 15 of each odd-numbered year, submit to

9-24  the governor and to the director of the legislative counsel bureau for

9-25  transmittal to the next regular session of the legislature a written report

9-26  compiling the information submitted by clerks of courts to the court

9-27  administrator pursuant to NRS 630.307 and section 64 of this act which

9-28  includes only aggregate information for statistical purposes and excludes

9-29  any identifying information related to a particular person; and

9-30    12.  Attend to such other matters as may be assigned by the supreme

9-31  court or prescribed by law.

9-32    Sec. 15.  Chapter 3 of NRS is hereby amended by adding thereto a new

9-33  section to read as follows:

9-34    The supreme court shall provide by court rule for mandatory

9-35  appropriate training concerning the complex issues of medical

9-36  malpractice litigation for each district judge to whom actions involving

9-37  medical malpractice are assigned.

9-38    Sec. 16.  NRS 7.085 is hereby amended to read as follows:

9-39    7.085  If a court finds that an attorney has:

9-40    1.  Filed, maintained or defended a civil action or proceeding in any

9-41  court in this state and such action or defense is not well-grounded in fact or

9-42  is not warranted by existing law or by an argument for changing the

9-43  existing law that is made in good faith; or

9-44    2.  Unreasonably and vexatiously extended a civil action or proceeding

9-45  before any court in this state,

9-46  the court [may] shall require the attorney personally to pay the additional

9-47  costs, expenses and attorney’s fees reasonably incurred because of such

9-48  conduct.

 

10-1    Sec. 17.  NRS 49.245 is hereby amended to read as follows:

10-2    49.245  There is no privilege under NRS 49.225 or 49.235:

10-3    1.  For communications relevant to an issue in proceedings to

10-4  hospitalize the patient for mental illness, if the doctor in the course of

10-5  diagnosis or treatment has determined that the patient is in need of

10-6  hospitalization.

10-7    2.  As to communications made in the course of a court-ordered

10-8  examination of the condition of a patient with respect to the particular

10-9  purpose of the examination unless the court orders otherwise.

10-10  3.  As to written medical or hospital records relevant to an issue of the

10-11  condition of the patient in any proceeding in which the condition is an

10-12  element of a claim or defense.

10-13  4.  In a prosecution or mandamus proceeding under chapter 441A of

10-14  NRS.

10-15  5.  As to any information communicated to a physician in an effort

10-16  unlawfully to procure a dangerous drug or controlled substance, or

10-17  unlawfully to procure the administration of any such drug or substance.

10-18  6.  As to any written medical or hospital records which are furnished in

10-19  accordance with the provisions of NRS 629.061.

10-20  7.  As to records that are required by chapter 453 of NRS to be

10-21  maintained.

10-22  8.  [In a review before a screening panel pursuant to NRS 41A.003 to

10-23  41A.069, inclusive.

10-24  9.] If the services of the physician are sought or obtained to enable or

10-25  aid a person to commit or plan to commit fraud or any other unlawful act in

10-26  violation of any provision of chapter 616A, 616B, 616C, 616D or 617 of

10-27  NRS which the person knows or reasonably should know is fraudulent or

10-28  otherwise unlawful.

10-29  Secs. 18-50.  (Deleted by amendment.)

10-30  Sec. 51.  NRS 630.130 is hereby amended to read as follows:

10-31  630.130  1.  In addition to the other powers and duties provided in this

10-32  chapter, the board shall:

10-33  (a) Enforce the provisions of this chapter;

10-34  (b) Establish by regulation standards for licensure under this chapter;

10-35  (c) Conduct examinations for licensure and establish a system of

10-36  scoring for those examinations;

10-37  (d) Investigate the character of each applicant for a license and issue

10-38  licenses to those applicants who meet the qualifications set by this chapter

10-39  and the board; and

10-40  (e) Institute a proceeding in any court to enforce its orders or the

10-41  provisions of this chapter.

10-42  2.  On or before February 15 of each odd-numbered year, the board

10-43  shall submit to the governor and to the director of the legislative counsel

10-44  bureau for transmittal to the next regular session of the legislature a

10-45  written report compiling:

10-46  (a) Disciplinary action taken by the board during the previous

10-47  biennium against physicians for malpractice or negligence; and

11-1    (b) Information reported to the board during the previous biennium

11-2  pursuant to NRS 630.3067, subsections 2 and 3 of NRS 630.307 and NRS

11-3  690B.045.

11-4  The report must include only aggregate information for statistical

11-5  purposes and exclude any identifying information related to a particular

11-6  person.

11-7    3.  The board may adopt such regulations as are necessary or desirable

11-8  to enable it to carry out the provisions of this chapter.

11-9    Sec. 52.  NRS 630.267 is hereby amended to read as follows:

11-10  630.267  1.  Each holder of a license to practice medicine must, on or

11-11  before July 1 of each alternate year:

11-12  (a) Submit the statement required pursuant to NRS 630.197; [and]

11-13  (b) Submit a list of all actions filed or claims submitted to arbitration

11-14  or mediation for malpractice or negligence against him during the

11-15  previous 2 years; and

11-16  (c) Pay to the secretary-treasurer of the board the applicable fee for

11-17  biennial registration. This fee must be collected for the period for which a

11-18  physician is licensed.

11-19  2.  When a holder of a license fails to pay the fee for biennial

11-20  registration and submit the statement required pursuant to NRS 630.197

11-21  after they become due, his license to practice medicine in this state is

11-22  automatically suspended. The holder may, within 2 years after the date his

11-23  license is suspended, upon payment of twice the amount of the current fee

11-24  for biennial registration to the secretary-treasurer and submission of the

11-25  statement required pursuant to NRS 630.197 and after he is found to be in

11-26  good standing and qualified under the provisions of this chapter, be

11-27  reinstated to practice.

11-28  3.  The board shall make such reasonable attempts as are practicable to

11-29  notify a licensee:

11-30  (a) At least once that his fee for biennial registration and the statement

11-31  required pursuant to NRS 630.197 are due; and

11-32  (b) That his license is suspended.

11-33  A copy of this notice must be sent to the Drug Enforcement Administration

11-34  of the United States Department of Justice or its successor agency.

11-35  Sec. 53.  NRS 630.3062 is hereby amended to read as follows:

11-36  630.3062  The following acts, among others, constitute grounds for

11-37  initiating disciplinary action or denying licensure:

11-38  1.  Failure to maintain timely, legible, accurate and complete medical

11-39  records relating to the diagnosis, treatment and care of a patient.

11-40  2.  Altering medical records of a patient.

11-41  3.  Making or filing a report which the licensee knows to be false,

11-42  failing to file a record or report as required by law or willfully obstructing

11-43  or inducing another to obstruct such filing.

11-44  4.  Failure to make the medical records of a patient available for

11-45  inspection and copying as provided in NRS 629.061.

11-46  5.  Failure to [report any claim for malpractice or negligence filed

11-47  against the licensee and the subsequent disposition thereof within 90 days

11-48  after the:

11-49  (a) Claim is filed; and

12-1    (b) Disposition of the claim.] comply with the requirements of NRS

12-2  630.3067.

12-3    6.  Failure to report any person the licensee knows, or has reason to

12-4  know, is in violation of the provisions of this chapter or the regulations of

12-5  the board.

12-6    Sec. 54.  NRS 630.3067 is hereby amended to read as follows:

12-7    630.3067  [Under the provisions of NRS 690B.045, the]

12-8    1.  The insurer of a physician licensed under this chapter and the

12-9  physician must report to the board any action filed or claim submitted to

12-10  arbitration or mediation for malpractice or negligence against the

12-11  physician and the settlement, award, judgment or other disposition

12-12  [thereof.] of the action or claim within 30 days after:

12-13  (a) The action was filed or the claim was submitted to arbitration or

12-14  mediation; and

12-15  (b) The disposition of the action or claim.

12-16  2.  The board shall report any failure to comply with subsection 1 by

12-17  an insurer licensed in this state to the division of insurance of the

12-18  department of business and industry. If, after a hearing, the division of

12-19  insurance determines that any such insurer failed to comply with the

12-20  requirements of subsection 1, the division may impose an administrative

12-21  fine of not more than $10,000 against the insurer for each such failure to

12-22  report. If the administrative fine is not paid when due, the fine must be

12-23  recovered in a civil action brought by the attorney general on behalf of

12-24  the division.

12-25  Sec. 55.  NRS 630.307 is hereby amended to read as follows:

12-26  630.307  1.  Any person, medical school or medical facility that

12-27  becomes aware that a person practicing medicine or respiratory care in this

12-28  state has, is or is about to become engaged in conduct which constitutes

12-29  grounds for initiating disciplinary action shall [forthwith] file a written

12-30  complaint with the board[.] within 30 days after becoming aware of the

12-31  conduct.

12-32  2.  Any hospital, clinic or other medical facility licensed in this state, or

12-33  medical society, shall [forthwith] report to the board any change in a

12-34  physician’s privileges to practice medicine while the physician is under

12-35  investigation and the outcome of any disciplinary action taken by that

12-36  facility or society against the physician concerning the care of a patient or

12-37  the competency of the physician[.] within 30 days after the change in

12-38  privileges is made or disciplinary action is taken. The board shall report

12-39  any failure to comply with this subsection by a hospital, clinic or other

12-40  medical facility licensed in this state to the health division of the

12-41  department of human resources. If, after a hearing, the health division

12-42  determines that any such facility or society failed to comply with the

12-43  requirements of this subsection, the division may impose an

12-44  administrative fine of not more than $10,000 against the facility or

12-45  society for each such failure to report. If the administrative fine is not

12-46  paid when due, the fine must be recovered in a civil action brought by the

12-47  attorney general on behalf of the division.

13-1    3.  The clerk of every court shall [forthwith] report to the board any

13-2  finding, judgment or other determination of the court that a physician,

13-3  physician assistant or practitioner of respiratory care:

13-4    (a) Is mentally ill;

13-5    (b) Is mentally incompetent;

13-6    (c) Has been convicted of a felony or any law governing controlled

13-7  substances or dangerous drugs;

13-8    (d) Is guilty of abuse or fraud under any state or federal program

13-9  providing medical assistance; or

13-10  (e) Is liable for damages for malpractice or negligence[.] ,

13-11  within 45 days after such a finding, judgment or determination is made.

13-12  4.  The board shall keep information received pursuant to this section

13-13  confidential unless a court of competent jurisdiction issues a subpoena

13-14  compelling the release of such information.

13-15  5.  On or before January 15 of each year, the clerk of each court

13-16  shall submit to the office of court administrator created pursuant to NRS

13-17  1.320 a written report compiling the information that the clerk reported

13-18  during the previous year to the board regarding physicians pursuant to

13-19  paragraph (e) of subsection 3.

13-20  Sec. 56.  NRS 630.364 is hereby amended to read as follows:

13-21  630.364  1.  Any person or organization who furnishes information

13-22  concerning an applicant for a license or a licensee in good faith and

13-23  without malicious intent in accordance with the provisions of this chapter

13-24  is immune from any civil action for furnishing that information.

13-25  2.  The board and any of its members and its staff, counsel,

13-26  investigators, experts, committees, panels, hearing officers and consultants

13-27  are immune from any civil liability for:

13-28  (a) Any decision or action taken in good faith and without malicious

13-29  intent in response to information acquired by the board.

13-30  (b) Disseminating information concerning an applicant for a license or a

13-31  licensee to other boards or agencies of the state, the attorney general, any

13-32  hospitals, medical societies, insurers, employers, patients and their families

13-33  or any law enforcement agency.

13-34  [3.  A screening panel or any of its members, acting pursuant to NRS

13-35  41A.003 to 41A.069, inclusive, that initiates or assists in any proceeding

13-36  concerning a claim of malpractice against a physician is immune from any

13-37  civil action for that initiation or assistance or any consequential damages, if

13-38  the panel or members acted without malicious intent.]

13-39  Sec. 57.  (Deleted by amendment.)

13-40  Sec. 58.  Chapter 633 of NRS is hereby amended by adding thereto the

13-41  provisions set forth as sections 62, 63 and 64 of this act.

13-42  Secs. 59-61.  (Deleted by amendment.)

13-43  Sec. 62.  1.  On or before February 15 of each odd-numbered year,

13-44  the board shall submit to the governor and to the director of the

13-45  legislative counsel bureau for transmittal to the next regular session of

13-46  the legislature a written report compiling:

13-47  (a) Disciplinary action taken by the board during the previous

13-48  biennium against osteopathic physicians for malpractice or negligence;

13-49  and

14-1    (b) Information reported to the board during the previous biennium

14-2  pursuant to NRS 690B.045, section 63 of this act and subsections 2 and 3

14-3  of section 64 of this act.

14-4    2.  The report must include only aggregate information for statistical

14-5  purposes and exclude any identifying information related to a particular

14-6  person.

14-7    Sec. 63. 1.  The insurer of an osteopathic physician licensed under

14-8  this chapter and the osteopathic physician must report to the board any

14-9  action filed or claim submitted to arbitration or mediation for

14-10  malpractice or negligence against the osteopathic physician and the

14-11  settlement, award, judgment or other disposition of the action or claim

14-12  within 30 days after:

14-13  (a) The action was filed or the claim was submitted to arbitration or

14-14  mediation; and

14-15  (b) The disposition of the action or claim.

14-16  2.  The board shall report any failure to comply with subsection 1 by

14-17  an insurer licensed in this state to the division of insurance of the

14-18  department of business and industry. If, after a hearing, the division of

14-19  insurance determines that any such insurer failed to comply with the

14-20  requirements of subsection 1, the division may impose an administrative

14-21  fine of not more than $10,000 against the insurer for each such failure to

14-22  report. If the administrative fine is not paid when due, the fine must be

14-23  recovered in a civil action brought by the attorney general on behalf of

14-24  the division.

14-25  Sec. 64.  1.  Any person, medical school or medical facility that

14-26  becomes aware that a person practicing osteopathic medicine in this state

14-27  has, is or is about to become engaged in conduct which constitutes

14-28  grounds for initiating disciplinary action shall file a written complaint

14-29  with the board within 30 days after becoming aware of the conduct.

14-30  2.  Any hospital, clinic or other medical facility licensed in this state,

14-31  or medical society, shall report to the board any change in an osteopathic

14-32  physician’s privileges to practice osteopathic medicine while the

14-33  osteopathic physician is under investigation and the outcome of any

14-34  disciplinary action taken by that facility or society against the osteopathic

14-35  physician concerning the care of a patient or the competency of the

14-36  osteopathic physician within 30 days after the change in privileges is

14-37  made or disciplinary action is taken. The board shall report any failure to

14-38  comply with this subsection by a hospital, clinic or other medical facility

14-39  licensed in this state to the health division of the department of human

14-40  resources. If, after a hearing, the health division determines that any

14-41  such facility or society failed to comply with the requirements of this

14-42  subsection, the division may impose an administrative fine of not more

14-43  than $10,000 against the facility or society for each such failure to

14-44  report. If the administrative fine is not paid when due, the fine must be

14-45  recovered in a civil action brought by the attorney general on behalf of

14-46  the division.

14-47  3.  The clerk of every court shall report to the board any finding,

14-48  judgment or other determination of the court that an osteopathic

14-49  physician or osteopathic physician’s assistant:

15-1    (a) Is mentally ill;

15-2    (b) Is mentally incompetent;

15-3    (c) Has been convicted of a felony or any law governing controlled

15-4  substances or dangerous drugs;

15-5    (d) Is guilty of abuse or fraud under any state or federal program

15-6  providing medical assistance; or

15-7    (e) Is liable for damages for malpractice or negligence,

15-8  within 45 days after such a finding, judgment or determination is made.

15-9    4.  The board shall keep information received pursuant to this section

15-10  confidential unless a court of competent jurisdiction issues a subpoena

15-11  compelling the release of such information.

15-12  5.  On or before January 15 of each year, the clerk of every court

15-13  shall submit to the office of court administrator created pursuant to NRS

15-14  1.320 a written report compiling the information that the clerk reported

15-15  during the previous year to the board regarding osteopathic physicians

15-16  pursuant to paragraph (e) of subsection 3.

15-17  Sec. 65.  NRS 633.471 is hereby amended to read as follows:

15-18  633.471  1.  Except as otherwise provided in subsection 3 and in

15-19  NRS 633.491, every holder of a license issued under this chapter, except

15-20  a temporary or a special license, may renew his license on or before

15-21  January 1 of each calendar year after its issuance by:

15-22  (a) Applying for renewal on forms provided by the board;

15-23  (b) Submitting the statement required pursuant to NRS 633.326;

15-24  (c) Paying the annual license renewal fee specified in this chapter; [and]

15-25  (d) Submitting a list of all actions filed or claims submitted to

15-26  arbitration or mediation for malpractice or negligence against him

15-27  during the previous year; and

15-28  (e) Submitting verified evidence satisfactory to the board that in the

15-29  year preceding the application for renewal he has attended courses or

15-30  programs of continuing education approved by the board totaling a number

15-31  of hours established by the board which must not be less than 35 hours nor

15-32  more than that set in the requirements for continuing medical education of

15-33  the American Osteopathic Association.

15-34  2.  The secretary of the board shall notify each licensee of the

15-35  requirements for renewal not less than 30 days before the date of renewal.

15-36  3.  Members of the Armed Forces of the United States and the United

15-37  States Public Health Service are exempt from payment of the annual

15-38  license renewal fee during their active duty status.

15-39  Sec. 66.  NRS 633.511 is hereby amended to read as follows:

15-40  633.511  The grounds for initiating disciplinary action pursuant to this

15-41  chapter are:

15-42  1.  Unprofessional conduct.

15-43  2.  Conviction of:

15-44  (a) A violation of any federal or state law regulating the possession,

15-45  distribution or use of any controlled substance or any dangerous drug as

15-46  defined in chapter 454 of NRS;

15-47  (b) A felony;

15-48  (c) A violation of any of the provisions of NRS 616D.200, 616D.220,

15-49  616D.240 or 616D.300 to 616D.440, inclusive; or

16-1    (d) Any offense involving moral turpitude.

16-2    3.  The suspension of the license to practice osteopathic medicine by

16-3  any other jurisdiction.

16-4    4.  Gross or repeated malpractice, which may be evidenced by claims

16-5  of malpractice settled against a practitioner.

16-6    5.  Professional incompetence.

16-7    6.  Failure to comply with the requirements of section 63 of this act.

16-8    Sec. 67.  NRS 690B.045 is hereby amended to read as follows:

16-9     690B.045  Except as more is required in NRS 630.3067[:] and section

16-10  63 of this act:

16-11  1.  Each insurer which issues a policy of insurance covering the

16-12  liability of a practitioner licensed pursuant to chapters 630 to 640,

16-13  inclusive, of NRS for a breach of his professional duty toward a patient

16-14  shall report to the board which licensed the practitioner within 30 days

16-15  each settlement or award made or judgment rendered by reason of a claim,

16-16  if the settlement, award or judgment is for more than $5,000, giving the

16-17  name and address of the claimant and the practitioner and the

16-18  circumstances of the case.

16-19  2.  A practitioner licensed pursuant to chapters 630 to 640, inclusive, of

16-20  NRS who does not have insurance covering liability for a breach of his

16-21  professional duty toward a patient shall report to the board which issued his

16-22  license within 30 days of each settlement or award made or judgment

16-23  rendered by reason of a claim, if the settlement, award or judgment is for

16-24  more than $5,000, giving his name and address, the name and address of

16-25  the claimant and the circumstances of the case.

16-26  3.  These reports are public records and must be made available for

16-27  public inspection within a reasonable time after they are received by the

16-28  licensing board.

16-29  Sec. 68.  NRS 690B.050 is hereby amended to read as follows:

16-30     690B.050  1.  Each insurer which issues a policy of insurance

16-31  covering the liability of a physician licensed under chapter 630 of NRS or

16-32  an osteopathic physician licensed under chapter 633 of NRS for a breach

16-33  of his professional duty toward a patient shall report to the commissioner

16-34  within 30 days each settlement or award made or judgment rendered by

16-35  reason of a claim, giving the name and address of the claimant and

16-36  physician and the circumstances of the case.

16-37  2.  The commissioner shall report to the board of medical examiners[,]

16-38  or the state board of osteopathic medicine, as applicable, within 30 days

16-39  after receiving the report of the insurer, each claim made and each

16-40  settlement, award or judgment.

16-41  Sec. 69.  NRS 41A.0043, 41A.005, 41A.008, 41A.016, 41A.019,

16-42  41A.023, 41A.024, 41A.026, 41A.029, 41A.033, 41A.036, 41A.039,

16-43  41A.043, 41A.046, 41A.049, 41A.051, 41A.053, 41A.056, 41A.059,

16-44  41A.069 and 631.377 are hereby repealed.

16-45  Sec. 70. The amendatory provisions of sections 1 to 6, inclusive, and

16-46  11 of this act apply only to a cause of action that accrues on or after

16-47  October 1, 2002.

16-48  Sec. 71.  The amendatory provisions of sections 7, 8, 12 and 17 apply

16-49  only to an action filed on or after October 1, 2002.

17-1    Sec. 72.  1.  Notwithstanding the repeal of NRS 41A.0043, 41A.005,

17-2  41A.008 and 41A.016 to 41A.069, inclusive, if a claimant has filed a

17-3  complaint with the division of insurance of the department of business and

17-4  industry pursuant to NRS 41A.039 before October 1, 2002, and a

17-5  determination has not been made by the screening panel as provided in

17-6  NRS 41A.003 to 41A.069, inclusive, before October 1, 2002, the claimant

17-7  may elect:

17-8    (a) To have a determination made by the screening panel as provided in

17-9  NRS 41A.003 to 41A.069, inclusive. If the claimant elects to have a

17-10  determination made by the screening panel, the provisions of NRS

17-11  41A.003 to 41A.069, inclusive, shall be deemed to continue to apply to the

17-12  claim and to any subsequent action filed in the district court. If the claimant

17-13  wishes to elect to have a determination made by the screening panel, the

17-14  claimant must, before December 1, 2002, file written notice of that fact

17-15  with the division. If the claimant fails to provide such written notice, the

17-16  claimant shall be deemed to have elected to have no further action taken by

17-17  the screening panel concerning the complaint.

17-18  (b) To have no further action taken by the screening panel concerning

17-19  the complaint. If the claimant elects to have no further action taken by the

17-20  screening panel concerning the complaint, the division and the screening

17-21  panel shall not take any further action with respect to the complaint, and

17-22  the claimant may file an action in the district court.

17-23  2.  Notwithstanding the repeal of NRS 41A.0043, 41A.005, 41A.008

17-24  and 41A.016 to 41A.069, inclusive, and the amendment of paragraph (b) of

17-25  subsection 2 of NRS 41A.097, if a claimant elects:

17-26  (a) To have a determination made by the screening panel, the tolling of

17-27  the time limitation provided for review of the complaint by the screening

17-28  panel pursuant to NRS 41A.097 shall be deemed to continue to apply until

17-29  30 days after the date on which the screening panel notifies the claimant, in

17-30  writing, of its findings.

17-31  (b) To have no further action taken by the screening panel concerning

17-32  the complaint, the tolling of the time limitation provided for review of the

17-33  complaint by the screening panel pursuant to NRS 41A.097 ceases on

17-34  December 1, 2002.

17-35  3.  If a claimant:

17-36  (a) Elects to have no further action taken by the screening panel

17-37  concerning the complaint;

17-38  (b) Files an action in the district court; and

17-39  (c) Prevails at the trial of the action,

17-40  the claimant is entitled to tax, as costs, the fee paid to the division pursuant

17-41  to NRS 41A.039 for filing the complaint.

17-42  Sec. 73.  On or before March 1, 2003, pursuant to subsection 3 of

17-43  section 7 of this act, each district court in this state shall adopt court rules

17-44  to expedite the resolution of an action involving medical malpractice or

17-45  dental malpractice.

17-46  Sec. 74.  (Deleted by amendment.)

17-47  Sec. 75.  This section and sections 1 to 17, inclusive, 51 to 58,

17-48  inclusive, and 62 to 73, inclusive, of this act become effective on

17-49  October 1, 2002.

 

18-1  LEADLINES OF REPEALED SECTIONS

 

18-2     41A.0043  “Dentist” defined.

18-3    41A.005  “Division” defined.

18-4    41A.008  “Health care records” defined.

18-5    41A.016  Submission of case to screening panel required before suit

18-6  may be filed; admissibility in court of findings of screening panel.

18-7    41A.019  Creation of tentative screening panels.

18-8    41A.023  Designation of members.

18-9    41A.024  Courses of instruction for members.

18-10  41A.026  Election of chairmen; applicability of rules.

18-11  41A.029  Requirements regarding open meetings do not apply to

18-12  meetings of screening panels.

18-13  41A.033  Administrative duties and powers of division.

18-14  41A.036  Deposit of money received by division with state

18-15  treasurer; payment of administrative costs of screening panel.

18-16  41A.039  Submission of claim to screening panel: Complaint;

18-17  answer; response to answer; service of pleadings; fees.

18-18  41A.043  Selection of members for particular screening panel.

18-19  41A.046  Subpoenas: Powers and duties of division; enforcement.

18-20  41A.049  Hearing by screening panel: Time for holding; materials

18-21  for consideration; findings.

18-22  41A.051  Hearing by screening panel: Preferential scheduling for

18-23  certain elderly claimants and claimants who suffer from terminal

18-24  illness or condition.

18-25  41A.053  Early disclosure of medical or dental records prohibited;

18-26  penalty.

18-27  41A.056  Effect of decision of screening panel.

18-28  41A.059  Conference for settlement of claim: Attendance; powers

18-29  and duties of judge; effect of failure to settle.

18-30  41A.069  Instructions to jury.

18-31  631.377  Screening panel immune from civil action.

 

18-32  H