August 31, 2021
Sometimes, a visit to a doctor can cause more harm than it does good. Every day, Las Vegas medical malpractice lawyers are swamped with calls from people who have suffered injuries due to negligent or careless actions committed by a healthcare professional.
Fortunately, Nevada medical malpractice laws offer a way to recoup damages caused by professional negligence by a healthcare provider. That means that if you’ve suffered injuries at the hands of a negligent medical provider, you have the right to sue for maximum compensation.
However, it’s not always easy to win a medical malpractice case in Nevada. In this article, we discuss:
- What constitutes medical malpractice in Nevada
- How to know if you have a medical malpractice case
- What’s not considered medical malpractice
- How to win a medical malpractice case, and
- The most common type of medical malpractice claims in Nevada
Understanding the law affecting medical malpractice cases in Nevada will help you assess whether such cases are worth pursuing.
According to NRS 41A.015, “professional negligence” is defined as the failure of a healthcare provider to render reasonable care, skill, or knowledge typically used under similar situations by professionally trained and experienced medical providers.
The term “healthcare provider” is not exclusive to licensed physicians. Under Nevada professional negligence laws, the following are considered healthcare providers, but not limited to:
- Licensed Physicians
- Physician Assistants
- Licensed Nurse
- Doctor of Oriental Medicine
- Medical laboratory technicians or directors
- Licensed Psychologist
Proving medical malpractice is not an easy task. Generally, your case must meet the following criteria to file a medical malpractice claim in Nevada:
- A physician-patient relationship exists
- The medical provider was negligent
- Their negligence directly caused the injury
- The injury caused specific damages
It’s important to note that a bad outcome in a medical procedure doesn’t always equate to a winnable medical malpractice case.
In many cases, medical patients already have serious medical conditions (i.e., untreatable conditions and conditions with a lower likelihood of success) when they seek the care of a physician.
For that reason, successful medical malpractice claims require strong evidence and expert medical professional testimony. That’s why most Las Vegas medical malpractice lawyers are very selective about the cases they accept.
Winning a medical malpractice claim requires strong evidence, intensive knowledge of the law, expert testimony, and an experienced medical malpractice attorney in Nevada. Learn more below about how to win a medical malpractice case in Nevada.
According to NRS 41A.097, a plaintiff cannot bring a medical malpractice suit against a healthcare provider more than three years after the injury OR 1-year after the plaintiff discovers the injury or should have discovered the injury (whichever happens first). However, there are exceptions, depending on the situation.
Contact a medical malpractice attorney in Nevada to discuss your case if you’re unsure if you can still file a claim.
It’s important to note that there are no caps on economic damages in medical malpractice claims. That means that plaintiffs can receive unlimited compensation for:
- Medical treatment
- Medical care or custody
- Lost income or earning capacity
However, under NRS 41A.035, there is a Nevada medical malpractice cap of $350,000 for non-economic damages such as pain and suffering, inconvenience, disfigurement, impairment, or other types of nonmonetary damages.
If you intend to file a medical malpractice claim, it’s in your best interest to immediately switch medical providers. Further, you should strictly follow the advice of your new physician. That way, your medical malpractice lawyer can monitor your medical records.
If you don’t follow all prescribed treatment plans, you may hurt your chances of winning a medical malpractice lawsuit.
Medical malpractice claims can sometimes take years to resolve. Many of the best Las Vegas medical malpractice lawyers suggest keeping a medical journal of the negligence, your injuries, and the follow-up care received before and during the case.
Medical malpractice claims are incredibly complex and lengthy. Filing your claim outside of the statute of limitations or submitting an improperly prepared malpractice claim can result in an unfavorable outcome.
If you are considering legal action against a healthcare provider, a medical malpractice attorney in Nevada can help you in the following ways:
- Negotiating with the insurance company
- Taking care of complicated paperwork
- Identifying the value of your claim
- Arguing your case in court – if necessary
- Connecting with expert witnesses
- Avoiding unnecessary delays and mistakes
Most Las Vegas medical malpractice attorneys work on a contingency basis. That means that they don’t get paid unless you do. With that in mind, it’s recommended to at least consult with an experienced attorney before pursuing a medical malpractice claim in Nevada.
Medical malpractice can happen in many forms. Generally, the most common medical malpractice claims in Nevada include but are not limited to:
- Misdiagnosis or delayed diagnosis
- Prescription drug errors
- Mistakes during surgery
- Injuries or death during childbirth
- Procedural errors
- Failure to consider a patient’s medical history before prescribing a treatment
In many cases, what seems like a benign mistake may actually be a case of medical malpractice. If you’re unsure if your case qualifies for a malpractice claim, it’s in your best interest to consult with one of the best medical malpractice lawyers in Las Vegas to discuss your case.
Contact Paul Padda Law Today
We rely on our doctors and healthcare providers to provide us with safe and competent medical care. However, when the care provided falls below acceptable standards, it can lead to bad things happening. At Paul Padda Law, we understand what it takes to successfully prosecute medical malpractice cases. Contact Paul Padda Law at (702) 366-1888, or reach out online to schedule a free, initial case consultation. Let us help you get the justice you deserve.