Most patients expect medical professionals to meet high standards—and so does the law. When doctors, nurses, and other medical professionals violate these standards, patients can pursue justice for medical malpractice. Medical malpractice causes many people to suffer injuries and illnesses that they never would have experienced otherwise. If a Nevada healthcare professional injured you, call the Nevada medical malpractice lawyers at Benson & Bingham Accident Injury Lawyers, LLC, to see if you can seek compensation.
Did You Suffer Loss Due to Medical Malpractice in Nevada? We Can Help
Questions about medical malpractice? Unsure about the circumstances surrounding your injury? Looking for legal advice?
If you or someone you love has suffered pain or loss due to medical malpractice, you are not alone. You have the legal right to pursue justice and compensation for the damages you have faced. The Nevada medical malpractice lawyers at Benson & Bingham Accident Injury Lawyers, LLC, can help you.
Contact us today for more information and to speak to us about your injury.
Nevada’s Definition of Medical Malpractice
If you believe you were the victim of medical malpractice, this guide may help you recognize that it’s time to seek legal help. If you have not faced this issue yet, this guide will prepare you and teach you how to identify and address medical malpractice.
Medical malpractice occurs when medical professionals fail to uphold their standards of care. The law sets this standard by assessing what other qualified, medical professionals would have done in a given situation. If a healthcare provider fails to do what another would have done (or would have been reasonably expected to do) in a patient setting under similar circumstances, it may qualify as medical malpractice.
Common Types of Medical Malpractice
Failure to diagnose
Hospital and emergency room negligence
Failure to refer to a specialist
How Do Injured Patients Prove Medical Malpractice in Nevada?
For injured patients to succeed in a medical malpractice case, they must prove that malpractice occurred. A victim needs to present legal claims (or complaints) that show a medical provider was negligent or engaged in malpractice. This process is sometimes quite expensive due to the experts needed to prove causality.
Nevada law requires that someone bringing a medical malpractice claim prove all of the following:
That the healthcare provider had a legal duty to care for/treat a patient
That the healthcare provider failed to provide acceptable standards of care
That injury or illness occurred as a direct result of the malpractice
That physical, monetary, and/or emotional damages occurred due to the malpractice
The Statute of Limitations for Medical Malpractice Claims in Nevada
If you reside in Nevada and wish to take legal action against a medical professional for medical malpractice, you generally must file your action either:
Within three years following the date of the injury, or
Within one year after the injury is discovered
The statute of limitations still technically allows injured individuals to file a claim if they miss this time period. The court, however, will likely dismiss the case due to the delayed filing.
Nevada Medical Malpractice: Damage Caps for Claims
First, damages are the losses you experienced due to medical malpractice.
Medical bills, for example, are one type of damage.
Damage caps limit how much an individual may receive (financially) for non-economic damages.
Economic damages include medical expenses and other bills; non-economic damages account for things like pain and suffering or loss of enjoyment of life.
It is very difficult to calculate a monetary value for non-economic damages—and this is why you need our Nevada medical malpractice lawyers to evaluate them for you.
Liable Parties in Nevada Medical Malpractice Cases
Several parties may face liability for an instance of medical malpractice. A hospital usually isn’t responsible for the actions of doctors who work there, for example. However, there are three primary exceptions to this rule.
If any of these apply to your case, you may qualify to pursue damages from the doctor as well as the hospital:
Ostensible agency: You reasonably assume a doctor is an employee of a hospital if you go to a hospital and see that doctor.
Negligent credentialing: Hospitals are supposed to vet their employees; if someone unqualified engages in medical malpractice, the hospital may face liability for damages if it failed to check the doctor’s credentials.
Negligence: If a doctor has a history of substance abuse or malpractice, and the hospital knew, the hospital may face liability for the doctor’s actions.
How Do I File a Medical Malpractice Claim in Nevada?
Partner with a reliable attorney who can help you with the legal process and in determining how to handle your claim.
You can work with a medical malpractice attorney to gather the required materials for filing a claim, including:
Proof of negligence: Proof that the defendant owed you a duty of care and that the duty was breached; medical records, witness statements, etc. are all used to prove negligence.
Certificate of merit: Official documentation signed by an expert medical witness; the signature denotes that the witness believes that the injured person’s injuries occurred due to a health care provider’s error.
Benson & Bingham Accident Injury Lawyers, LLC: Your Nevada Medical Malpractice Attorneys
“Wonderful experience. Lina and Ashley were always so helpful and kept me up to date with every process. They gave me the confidence I needed regarding my case and I felt they were very understanding. They were able to cut down the cost of my medical bill and put more money in my pocket. Very professional and I highly recommend!…” -Jazlyn L.