dismissal; adoption of court rules to expedite resolution of actions. NRS 41A.071 Dismissal of action filed without affidavit of medical expert supporting allegations. NRS 41A.081 Settlement conference: Persons required to participate; powers and duties of judge; failure to participate. NRS 41A.085 Recommendation of settlement for amount of limits of policy of insurance: When authorized; insurer to pay for opinion of independent counsel upon request. NRS 41A.097 Limitation of actions; tolling of limitation. NRS 41A.100 Required evidence; exceptions; rebuttable presumption of negligence. NRS 41A.110 Consent of patient: When conclusively established. NRS 41A.120 Consent of patient: When implied. _________ NRS 41A.003 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 41A.004 to 41A.017, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1985, 2006; A 1989, 419; 1991, 1609; 1995, 2344; 1999, 5; 2002 Special Session, 8; 2004 initiative petition, Ballot Question No. 3) NRS 41A.004 “Dental malpractice” defined. “Dental malpractice” has the meaning ascribed to the term “malpractice” in NRS 631.075. (Added to NRS by 1995, 2344; A 1999, 5) NRS 41A.007 “Economic damages” defined. “Economic damages” includes damages for medical treatment, care or custody, loss of earnings and loss of earning capacity. (Added to NRS by 2002 Special Session, 6) NRS 41A.009 “Medical malpractice” defined. “Medical malpractice” means the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances. (Added to NRS by 1985, 2006; A 1989, 425) NRS 41A.011 “Noneconomic damages” defined. “Noneconomic damages” includes damages to compensate for pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damages. (Added to NRS by 2002 Special Session, 6) NRS 41A.013 “Physician” defined. “Physician” means a person licensed pursuant to chapter 630 or 633 of NRS. (Added to NRS by 1985, 2006; A 1989, 425) NRS 41A.015 “Professional negligence” defined. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility. (Added to NRS by 2004 initiative petition, Ballot Question No. 3) NRS 41A.017 “Provider of health care” defined. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, or a licensed hospital and its employees. (Added to NRS by 2004 initiative petition, Ballot Question No. 3) NRS 41A.035 Limitation on amount of award for noneconomic damages. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000. (Added to NRS by 2004 initiative petition, Ballot Question No. 3) NRS 41A.045 Several liability of defendants for damages; abrogation of joint and several liability. [This section was proposed by an initiative petition and approved by the voters at the 2004 General Election and therefore is not subject to legislative amendment or repeal until after November 23, 2007.] 1. In an action for injury or death against a provider of health care based upon professional negligence, each defendant is liable to the plaintiff for economic damages and noneconomic damages severally only, and not jointly, for that portion of the judgment which represents the percentage of negligence attributable to the defendant. 2. This section is intended to abrogate joint and several liability of a provider of health care in an action for injury or death against the provider of health care based upon professional negligence. (Added to NRS by 2004 initiative petition, Ballot Question No. 3) NRS 41A.061 Dismissal of action for failure to bring to trial; effect of dismissal; adoption of court rules to expedite resolution of actions. 1. Upon the motion of any party or upon its own motion, unless good cause is shown for the delay, the court shall, after due notice to the parties, dismiss an action involving medical malpractice or dental malpractice if the action is not brought to trial within: (a) Three years after the date on which the action is filed, if the action is filed on or after October 1, 2002, but before October 1, 2005. (b) Two years after the date on which the action is filed, if the action is filed on or after October 1, 2005. 2. Dismissal of an action pursuant to subsection 1 is a bar to the filing of another action upon the same claim for relief against the same defendants. 3. Each district court shall adopt court rules to expedite the resolution of an action involving medical malpractice or dental malpractice. (Added to NRS by 2002 Special Session, 7) NRS 41A.071 Dismissal of action filed without affidavit of medical expert supporting allegations. If an action for medical malpractice or dental malpractice is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit, supporting the allegations contained in the action, submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged malpractice. (Added to NRS by 2002 Special Session, 8) NRS 41A.081 Settlement conference: Persons required to participate; powers and duties of judge; failure to participate. 1. In an action for medical malpractice or dental malpractice, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial. 2. The judge before whom the settlement conference is held: (a) May, for good cause shown, waive the attendance of any party. (b) Shall decide what information the parties may submit at the settlement conference. 3. The judge shall notify the parties of the time and place of the settlement conference. 4. The failure of any party, his insurer or his attorney to participate in good faith in the settlement conference is grounds for sanctions, including, without limitation, monetary sanctions, against the party or his attorney, or both. The judges of the district courts shall liberally co

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