Medical Malpractice Attorney in Las Vegas

Proving A Medical Malpractice Claim In Las Vegas


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 Las Vegas, 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 the following question: “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 in Las Vegas 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 in Las Vegas 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 understands the intricacies of the law and knows how and what it takes to win in a Las Vegas courtroom.