Government
Court orders changes to Nevada liability reform ballot question
NEWS IN BRIEF — Posted Oct. 11, 2004
Pre-election challenges continue for a ballot initiative in Nevada that aims to put a strict $350,000 cap on noneconomic damages awarded in medical malpractice cases.
The Nevada Supreme Court Sept. 18 ordered the state to change the wording in Keep Our Doctors In Nevada's ballot initiative, a measure commonly referred to as Question 3. The court said the question needs to better spell out the impact the ballot measure would have. For example, the court said there needs to be wording that explains that Nevada law already has a $350,000 noneconomic damages cap except in cases of gross negligence and exceptional circumstances shown through clear and convincing evidence. The ballot language also should make clear that the initiative would eliminate those exceptions.
The court did not, however, remove Question 3 from the ballot. After the ruling, trial lawyers filed a new lawsuit asking the court to strike the question altogether.
Note: This item originally appeared at http://www.ama-assn.org/amednews/2004/10/11/gvbf1011.htm.