There are laws in place that make it possible for injured patients to recoup compensation for injuries that result from subpar or sub-standard medical treatment. If you or a loved one has been a victim of medical negligence in Las Vegas, it is crucial to seek legal counsel with an attorney in a timely manner due to the strict statute of limitation laws. For more information or to schedule a free consultation, you can contact Las Vegas medical malpractice attorney Adam Breeden today.
Medical malpractice occurs due to negligence, either through action or failure to act, and when medical care does not meet the accepted standard of care. This “standard of care” is generally defined as what a “reasonably qualified health care provider is required to do under similar circumstances involving the treatment of a patient.”
This standard of care applies to all medical practitioners, including doctors, nurses, surgeons, dentists, pharmacists, hospitals, nursing homes, and many other professionals and entities.
When injuries or deaths occur at the hands of negligent doctors or healthcare providers, it creates a nightmare for patients and their families. After all, you look to doctors and health care providers to assist you in recovering your health, the last thing that you would expect is to sustain injuries or permanent damage, aggravating your health condition even further.
All doctors, nurses, hospitals, and other health care providers are legally obligated to provide a specific standard of medical care. They are not, however, responsible for all the harm that patients experience.
On the other hand, with the help of an attorney, they can be held legally liable if their patients suffer injuries or harm because they deviated from the standard of medical care that’s commonly expected in the same or similar circumstances.
To pursue a medical malpractice lawsuit, there are four key elements of your case that must be proven in court:
In Nevada, victims of medical malpractice are entitled to recover compensation for both their economic and non-economic losses.
Economic damages are objectively quantifiable damages and can include medical expenses and lost income. There is no cap on economic damages resulting from medical malpractice in Nevada, so plaintiffs can recover the full amount for their economic losses.
Non-economic damages, unlike economic damages, are subjective losses that can vary from victim to victim. These include damages for pain and suffering or loss of quality of life. Nevada law limits non-economic damages to a maximum amount of $350,000.
Some people mistakenly assume that only doctors can be responsible for committing medical malpractice. In reality, any medical practitioner can be guilty of medical malpractice, including:
Before a physician performs a medical procedure, he or she is required to explain the outcomes to the patient. This includes discussing the potential side effects and complications. The communication of this information is known as “informed consent.”
If a doctor fails to provide informed consent, it could amount to medical malpractice. This is especially true in situations where a patient is injured as a result of a procedure that they would not have agreed to if presented with all of the facts. However, informed consent is not required in certain scenarios, including when an unconscious patient receives emergency treatment.
One of the requirements of a medical malpractice claim in Nevada is the inclusion of an affidavit of merit. An affidavit of merit is a document signed by a medical practitioner attesting to the validity of your injuries. In particular, the affidavit must express that you were a victim of medical malpractice in the opinion of the physician signing the document.
While this is a relatively straightforward requirement, it is important to keep in mind that you only have one to three years to file your case, depending on your circumstances. Therefore, you must obtain the affidavit of merit within the time provided under the statute of limitations.
A qualified lawyer with experience in medical malpractice litigation can review your case to figure out whether your claim is valid and actionable. Keep in mind that dissatisfaction with a treatment’s results isn’t considered negligence. That being said, here are common situations involving medical negligence that could lead to a malpractice case:
It is not possible to determine beforehand whether your medical malpractice case will go to trial. However, while medical malpractice cases do go to trial more often than personal injury cases, the vast majority are settled out of court. According to the U.S. Bureau of Justice Statistics, about 93% of medical malpractice cases were resolved before a trial was completed.
Under the medical malpractice laws in Nevada, the statute of limitations or deadline for filing a medical malpractice case will expire three years following the injury date or a year after the patient discovered the injury. While the time limits may seem clear and simple, in practice, the application of the time limits in medical malpractice claims are not always straightforward and will always be specific to the discovery or date of occurrence, especially when it becomes contested.
Likewise, a patient’s injury may not be discovered for several months or years in some cases. In these cases, a lawyer will have less time to review the case, get all the necessary evidence, have experts prove the merit of the case, and file a claim. Therefore, the moment you suspect a medical error, you need to move quickly to secure your legal right to receive compensation.
You should speak with an experienced Nevada medical malpractice attorney as soon as possible. It’s important to tell your lawyer as many details as possible about your claim. If possible, you should bring your medical records with you to your first consultation.
Litigation surrounding a medical malpractice case can be complex and requires outstanding legal representation and expert medical testimony. The attorneys at Breeden Malpractice and Injury Law are experienced in handling all aspects of a medical malpractice claim, including:
The lawyers and professionals at Breeden Malpractice and Injury Law bring to the table exemplary skill and experience in both the legal and medical fields and can provide a personalized level of service and counsel that is difficult to find at other law firms. We are recognized for our continued success in medical malpractice lawsuits of all types and stand ready to provide you with help in your case.
376 E. Warm Springs Rd., Suite 120 Las Vegas, NV 89119-4262