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Highest Rated Medical Malpractice Attorney in Las Vegas

Patients Have The Right To Expect Competent Medical Care in Nevada

When a person seeks medical care, he or she has an expectation that they will be cared for and treated in a competent and professional manner. While the vast majority of doctors and medical professionals take their obligations seriously, even the best doctors can sometimes fall below the appropriate standard of care when it comes to treating patients. It’s the unfortunate reality of medical care. With pressure from insurance companies to quickly get patients through the medical process and to reduce costs in order to increase profits, patient safety can often be compromised by both physicians and hospitals. The reality is that medical care today is a “business” like any other. The other reality is that medical malpractice is one of the leading causes of death in America.

If you or a loved one have experienced serious and devastating consequences from a medical malpractice event, you need a highly skilled team of legal professionals to help you assess whether you have a case. At Paul Padda Law, our lawyers and professional staff can help you understand your legal rights and fully evaluate whether you have a potential and viable claim of medical malpractice worth pursuing. We’ve evaluated countless claims involving allegations of substandard medical care at all kinds of medical facilities in Las Vegas, including Sunrise Hospital, North Vista Hospital, Boulder City Hospital, Henderson Hospital, Summerlin Hospital, West Henderson Hospital, Southern Hills Hospital, St. Rose Dominican Hospitals, Centennial Hills Hospital, Spring Valley Hospital, MountainView Hospital and Desert Springs Hospital to name a few.

If you need to speak to a highly experienced medical malpractice lawyer, contact Paul Padda Law at (702) 707-3000 for a free and confidential evaluation. You can also submit the details of your situation to us through our contact us page. Rest assured, if you’re looking for skilled and compassionate professionals who understand the complexities of Nevada’s medical malpractice laws, you’ve come to the right place.

The Definition Of Medical Malpractice In Nevada

What is the definition of medical malpractice in Nevada? Medical malpractice is generally defined as the failure of a medical professional to conform to the appropriate “standard of care.” Nevada law, specifically Nevada Revised Statute 41A.015, defines “professional negligence” in the medical context to mean “the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.

The law in Nevada does not specifically define what the appropriate standard of care is because every situation is, of course, unique. For this reason, medical experts play a critical role in medical malpractice cases in helping to define the appropriate “standard of care.” Given this fact, it’s important that if you’re contemplating pursuing a medical malpractice case, you work with a law firm that has the financial resources to hire the best medical experts.

A Patient Has 2-Years To File A Medical Malpractice Claim In Nevada

The time period for filing a lawsuit is referred to as the “statute of limitations.”  What this means is that if a lawsuit is not filed with the court within a specific period of time set by law, the right to do so is forever lost.  A question that is often asked is “how much time does a patient have to file a claim for medical malpractice in Nevada?” 

Under current Nevada law, a patient must commence a lawsuit for medical malpractice no more than 3-years after the date of the injury, or 2-years after the patient or his loved one discovers, or should have discovered, the injury.  In the vast majority of medical malpractice cases, a lawsuit must commence within 2-years.  There are only a few limited circumstances in which a medical malpractice case can be brought after the 2-year deadline.  For this reason, it’s very important to immediately consult with an attorney if you suspect medical malpractice.

Important Tip: If you suspect medical malpractice, do not discuss it with your medical provider or make any accusations of negligence. Why? Because the provider can later claim you were on “notice” of potential malpractice and therefore should have brought a suit earlier. Instead, find a competent lawyer and assess your rights.

At Paul Padda Law, the first issue we will discuss with any potential medical malpractice client is whether he or she (or their family) can bring a lawsuit within the 2-year statute of limitations and whether an exception might apply.  Understanding important legal requirements for successfully pursuing a medical malpractice claim in Nevada is not just important, it’s critical. If you or a loved one has experienced medical malpractice, call the team at Paul Padda Law today at (702) 707-3000 to discuss your legal options.

Proving A Medical Malpractice Claim In Nevada

Although medical malpractice cases involve many of the same principles as a typical negligence case, there are unique aspects to these types of cases that can make them especially challenging and complex. Additionally, because allegations of medical malpractice can tarnish a hospital or medical professional’s reputation, these cases are often very hard fought. That being said, in order to successfully prevail in a medical malpractice case in Nevada, a person must establish the following:

1. A physician/patient or hospital/patient relationship existed. This is important because it means the doctor or hospital owed the patient a duty of care. For example, a patient can’t sue a doctor if he or she overheard him giving bad advice to someone else. Nor can a patient sue a hospital unless the patient was treated at or by the facility. Medical malpractice does not just include claims against doctors and hospitals. Under Nevada law, other medical professionals such as dentists, nurses, therapists and physician’s assistants can also be sued for malpractice.

2. The doctor or hospital staff acted negligently by breaching a duty owed to the patient. This requires showing a lack of competence in the medical care that was rendered. In other words, the doctor or hospital failed to render medical services in compliance with the appropriate standard of care that would be expected under the circumstances.

3. The negligence was the cause of the patient’s injury. This is the most important element in proving medical malpractice and is formally referred to as “proximate cause.” To prove proximate cause, the person bringing the medical malpractice lawsuit must show that the medical negligence was the direct or substantial cause of the patient’s injury. If someone’s actions are the remote cause of a patient’s injuries, they are not the proximate cause and, therefore, the claim will have significant difficulty succeeding. Another way of thinking about this is to ask “would the patient have been injured but for the negligence?”  If the answer is “no,” then there is no case.  Proving causation is the most critical and important  part of any medical malpractice case. This is where expert witnesses play a very important role in medical malpractice cases.

4. The patient’s injuries resulted in specific damages. No reasonable and competent attorney will pursue a case unless damages can be proven. The failure to demonstrate any damages can result in dismissal of a case. Damages can be proven by showing medical bills incurred by the patient, the patient’s physical and/or emotional pain and suffering, lost wages from work, inability to work, the cost of future medical care and the patient’s general loss of enjoyment of life.

Very few law firms handle medical malpractice cases because they are costly, hard fought and subject to many exceptions that will allow medical providers to escape liability. Given this fact, it’s important to have a law firm represent you that understand the intricacies of the law and knows how and what it takes to win.

Types Of Catastrophic Medical Malpractice Cases In Nevada

Every doctor/patient consultation and relationship is different and there are countless ways in which medical care is provided. Unfortunately, harm can occur when a doctor or other healthcare professional fails to exercise reasonable care or acts in a reckless manner. This can happen more often than one might realize. When it does occur and serious injury results, it’s appropriate to consult with an experienced Las Vegas medical malpractice lawyer that can help you understand your legal rights. It’s important to have a lawyer on your side that knows how to successfully pursue a case in court.

At Paul Padda Law, our team of professionals has worked with many victims of medical malpractice in Las Vegas including the following types of situations:

The Five Steps Required To Pursue A Medical Malpractice Case In Nevada

The law can be complex and the legal system is often rather confusing. It’s understandable for anyone to feel overwhelmed and confused after falling victim to medical malpractice.  Medical malpractice cases are also stressful for doctors and hospitals and they may be giving you or your loved one the “cold shoulder” as they wait to see your next move when there is potential malpractice. For this reason, seeking out a skilled medical malpractice lawyer in Nevada is critical.  At Paul Padda Law we can help you understand your legal rights and the process for pursuing a medical malpractice claim.

The first step in pursuing a medical malpractice case in Nevada is to consult with a competent attorney with a track record of success.  At Paul Padda Law, we’ve consulted with countless clients regarding medical malpractice and we know what it takes to win.  

The second step in pursuing a medical malpractice case in Nevada is determining whether a lawsuit can be filed within the 2-year statute of limitations period and determining who to sue.

The third step in pursuing a medical malpractice case in Nevada is obtaining what is called an “affidavit of merit” from a medical expert who can testify to the merits of the case.  The expert’s affidavit will explain how the appropriate standard of care was breached and identify each healthcare provider that is alleged to have committed a breach.  The failure to attach an affidavit of merit to a medical malpractice complaint when it is filed in court can result in dismissal of the case.  Accordingly, the affidavit of merit is an important requirement that must be satisfied.   

The fourth step in pursuing a medical malpractice case in Nevada is to file a lawsuit and then engage in what is known as “discovery.”  This is the process by which facts are gathered in support of the case.  This process includes taking depositions of witnesses under oath.  

The fifth step in pursuing a medical malpractice case in Nevada is to prepare for and appear at trial (assuming the case cannot be settled).  At trial, witnesses are called to testify, evidence is presented and a jury decides whether medical malpractice occurred.  The jury also decides how much money, if any, to give to the plaintiff/patient as just and fair compensation for proven injuries.

Each step in the pursuit of a medical malpractice case is important.  Not every case ends up going to trial.  This is often the case when facts can be gathered during the discovery period showing the defendants that there is a strong possibility they will lose at trial and that it’s in their best interest to settle.  

What Is A Medical Malpractice Case In Nevada Worth?

Many clients often ask: “what is my medical malpractice case worth?” The answer to this question will often depend on the facts of the case and the severity of injuries involved.  Because no two cases are exactly the same, and due to the uncertainty involved with the jury system, it’s impossible to predict exactly what a case is worth.  That being said, a good lawyer with experience in medical malpractice cases can formulate an educated guess about the probable value of a case.  The value of a case will be based upon what can be proven at trial.  In every medical malpractice case, there are two categories of damages that a plaintiff may claim – economic and non-economic damages.

1. Economic Damages:  Economic damages refer to quantifiable losses and expenses incurred or likely to be incurred by a patient or his family due to the injuries sustained by the malpractice.  This can include the cost of future surgeries, rehabilitation, ongoing medical care, past and future medical bills, diagnostic testing, psychological therapy, lost wages, disability and vocational rehabilitation.

2. Non-Economic Damages:  When a person is injured, he or she (including their loved ones) may also experience certain intangible losses including pain, suffering, emotional distress, loss of enjoyment of life, loss of companionship and reduction in the quality of life.  It’s important to note, in Nevada, a patient’s pain and suffering in a medical malpractice case is “capped” by law.  This means there is a ceiling on how much one can receive for pain and suffering.

A key aspect to any medical malpractice case is proving both economic and non-economic damages.  For this reason, in addition to medical experts, an economist or other financial expert witness can play a significant role in helping establish the full extent of an injured patient’s damages.  

How Much Will A Lawyer Charge To Handle A Medical Malpractice Case In Nevada?

At Paul Padda Law, we handle the majority of our cases, including all medical malpractice cases on a contingency fee basis.  What this means is that a client does not pay the firm anything unless the firm recovers a settlement or verdict in the client’s favor.  When that happens, then the firm gets paid from those proceeds. In other words, we only get paid if we win.