Nevada Question 3, Healthcare Malpractice Damages Initiative (2004)
| Nevada Question 3 | |
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| Election date |
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| Topic Tort law |
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| Status |
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| Type Indirect initiated state statute |
Origin |
Nevada Question 3 was on the ballot as an indirect initiated state statute in Nevada on November 2, 2004. It was approved.
A "yes" vote supported capping noneconomic damages in medical malpractice cases, limiting attorney fees, shortening the statute of limitations, and allowing periodic payments for damages. |
A "no" vote opposed capping noneconomic damages in medical malpractice cases, limiting attorney fees, shortening the statute of limitations, and allowing periodic payments for damages. |
Election results
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Nevada Question 3 |
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| Result | Votes | Percentage | ||
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468,059 | 59.38% | ||
| No | 320,129 | 40.62% | ||
Text of measure
Ballot title
The ballot title for Question 3 was as follows:
| “ | 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 the fees an attorney could charge a person seeking damages against a negligent provider of health care in medical malpractice actions, limit the amount of noneconomic damages a person may recover from a negligent provider of health care in medical malpractice actions, eliminate joint liability of providers of health care in medical malpractice actions, shorten the statute of limitations in medical malpractice actions, prohibit third parties who provided benefits as a result of medical malpractice from recovering such benefits from a negligent provider of health care, and allow negligent providers of health care to make periodic payments of future damages? | ” |
Full Text
The full text of this measure is available here.
Path to the ballot
An indirect initiated state statute is a citizen-initiated ballot measure that amends state statute. There are nine (9) states that allow citizens to initiate indirect state statutes.
While a direct initiative is placed on the ballot once supporters file the required number of valid signatures, an indirect initiative is first presented to the state legislature. Legislators have a certain number of days, depending on the state, to adopt the initiative into law. Should legislators take no action or reject the initiative, the initiative is put on the ballot for voters to decide.
In Nevada, the number of signatures required for an indirect initiated state statute is equal to 10% of the total number of votes cast in the preceding general election. Once sufficient signatures have been collected, statutory initiatives are first presented to the Nevada State Legislature. The legislature has 40 days to decide on the measure. If approved by the legislature and signed by the governor, the proposed statute becomes law. If not, the law is submitted to voters at the next general election. A simple majority vote is required for voter approval.
See also
External links
Footnotes
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State of Nevada Carson City (capital) |
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