We all rely on healthcare professionals to provide safe and effective care. Unfortunately, medical errors do happen, and when they cause harm, it’s important to understand your rights.
Read on to learn more about the complexities of medical malpractice in Nevada, including identifying potential negligence, understanding the legal process, and navigating the available recourse.
If you or a loved one has suffered harm due to medical negligence, this information can empower you to take the necessary steps towards seeking justice and obtaining the compensation you deserve.
What is Medical Malpractice in Nevada?
Nevada patients expect their physicians and healthcare providers to be qualified, ethical, and provide the highest standard of care. Unfortunately, medical care is not always up to the standards we have come to expect.
Many physicians seem to have forgotten the Hippocratic Oath, which they swore to when they first became healthcare professionals. This is a promise that medical professionals will uphold ethical standards and provide the best possible care to patients.
Medical malpractice is a general term used to describe unethical, inappropriate, negligent, or substandard care by a physician, hospital, or other healthcare provider. However, this definition can vary depending on where you live. In fact, each state has its own specific definition of medical malpractice.
What Is the Definition of “Medical Malpractice” in Nevada?
Medical malpractice in Nevada is defined as “the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances” (NRS 41A.009).
This means that, even though you put your faith—and quite literally your life—in a healthcare provider’s hands, you did not receive adequate medical care. In some cases, it means that the healthcare provider tried to deliberately harm you.
What Are Some Examples of Medical Malpractice?
Medical malpractice occurs when a healthcare professional’s negligence or misconduct results in harm to a patient. These instances of negligence can have devastating consequences for patients, including permanent injuries, disabilities, and even death.
Some common incidents of medical malpractice in Nevada include failure to diagnose a serious illness, delayed diagnosis, improper diagnosis, medication error, and surgical error. More specifically:
- Missed Cancer: Not detecting cancer (e.g., breast, lung, colon) early enough for effective treatment, leading to advanced stages and decreased survival rates.
- Heart Attack/Stroke: Failing to recognize and treat warning signs of a heart attack or stroke, resulting in severe complications or death.
- Infections: Missing the diagnosis of serious infections (e.g., sepsis) that can rapidly worsen without prompt treatment.
- Misattributing Symptoms: Incorrectly diagnosing a condition as something less serious, delaying necessary treatment and allowing the condition to worsen.
- Ignoring Test Results: Failing to properly review or interpret diagnostic tests (e.g., X-rays, blood tests) that could have revealed a serious illness.
- Incorrect Treatment Plan: Providing treatment for the wrong condition, which can be ineffective or even harmful.
- Misinterpreting Symptoms: Attributing symptoms to the wrong cause, leading to inappropriate and potentially dangerous treatment.
- Wrong Medication: Administering the wrong medication to a patient.
- Incorrect Dosage: Prescribing or administering the wrong dosage of medication, which can lead to serious side effects or overdose.
- Dangerous Drug Interactions: Failing to recognize or address potential drug interactions between medications a patient is taking.
- Wrong Site Surgery: Operating on the wrong body part (e.g., wrong limb, wrong organ).
- Leaving Foreign Objects: Leaving surgical instruments or other objects inside the patient’s body after surgery.
- Anesthesia Errors: Improper administration of anesthesia, leading to complications such as brain damage or death.
When to File a Medical Malpractice Claim
The state of Nevada imposes a statute of limitations, or deadline, for filing medical malpractice lawsuits. If you have experienced medical malpractice in Nevada, you will need to complete your claim within three years of the date that you became injured, or within one year of the date you discovered your injury.
Exceptions to Nevada’s Med Mal SOL
If a child incurred brain damage in your medical malpractice case, the state of Nevada extends the time limit up until the child is 10 years old. Nevada will also allow an exception if it can be proven that the physician or healthcare provider involved in your procedure concealed their error when you should have been informed.
What Happens If I Miss the Deadline to File a Medical Malpractice Lawsuit?
If, for some reason, you decide to file your claim after the deadline has already passed, your case will most likely be dismissed, and you will no longer be able to seek compensation for your injuries. It is imperative that you file your claim as soon as possible.
Three years can sound like a long period of time; however, when you begin seeking treatment and dealing with the stress of a medical injury, time can go by quickly. Additionally, it will take time to find the right Nevada medical malpractice lawyer for you.
Tort Reform and Damage Caps for Medical Malpractice in Nevada
Through something called the tort reform, Nevada restricts the amount of financial compensation you can receive for non-economic damages in a medical malpractice claim. Approved in 2004, this law was put into place to prevent doctors from leaving Nevada due to high medical malpractice insurance rates. The tort reform determines that medical malpractice victims can receive at most $350,000 for non-economic damages.
What Are Non-Economic Damages in a Medical Malpractice Claim?
Non-economic damages are defined as compensation for things like pain and suffering and the loss of ability to enjoy life. Nevada caps compensation for these negative effects because they are not very easy to measure; thus, they are more difficult to pay out.
Can I Get More Than the Damage Cap in a Nevada Medical Malpractice Claim?
This is not to say that you can only receive up to $350,000 in a medical malpractice lawsuit. Depending on your case, you may be eligible for millions of dollars in financial compensation for economic damages. These damages are more easily measured, so you are more likely to receive higher compensation.
What Are Economic Damages in a Medical Malpractice Claim?
In a medical malpractice claim, economic damages refer to the financial losses directly resulting from the healthcare provider’s negligence. These are typically quantifiable and measurable expenses.
- Past and Future Medical Expenses: Doctor visits, hospital stays, surgeries, medications, medical equipment (wheelchairs, prosthetics), rehabilitation (physical therapy, occupational therapy). Projected costs for ongoing medical care, such as long-term medications, assistive devices, and necessary treatments.
- Lost Wages: Income lost due to time away from work due to the injury or illness caused by the malpractice – vacation time, PTO, sick leave, and other benefits as well.
- Loss of Earning Capacity: Compensation for the reduction in a person’s ability to earn income in the future due to the injury or disability caused by the malpractice.
Nevada Medical Malpractice Affidavit of Merit
Nevada requires that your medical malpractice claim must include an “Affidavit of Merit.” Simply put, this is a document asserting the validity of your injuries, signed by a qualified healthcare professional.
In this case, the Affidavit must show that, in the opinion of a physician who is not associated with your medical malpractice claim, you were the victim of medical negligence.
This requirement may seem straightforward, but it is key to remember that you have a time limit of one to three years to file your case. It is extremely important to secure this affidavit well within the time provided by the Nevada statute of limitations.
Whom Do I Sue for Medical Malpractice?
When determining whom to sue in a medical malpractice claim, it is important to keep in mind that any person involved in the provision of healthcare services can be held liable. This includes doctors, nurses, dentists, pharmacists, and other healthcare providers.
In most cases, you can also sue the hospital, office, or other facility that employs the healthcare provider who was negligent. This allows you to have access to both insurance policy limits so that you can get the maximum amount of compensation possible.
In addition, if you are suing for medical malpractice caused by a product, device, or medication, you can file a claim against the manufacturer as well.
Suing for Medical Malpractice in Nevada
When it comes to suing for medical malpractice in Nevada, there are several factors you must consider. Before filing a lawsuit, you must be able to prove that the healthcare provider was negligent and that this negligence was the direct cause of your injury or illness.
To do this, it is vital that you have evidence such as medical records, statements from expert witnesses, or an Affidavit of Merit to support your claim.
You should be aware of the Nevada statute of limitations and the cap on non-economic damages (pain and suffering) imposed by tort reform. If you fail to file your lawsuit within the timeframe set by the statute of limitations, you will potentially lose your right to pursue a medical malpractice claim. Furthermore, any non-economic damages you might be eligible for will be limited to $350,000 or less.
Overall, if you believe you have been the victim of medical malpractice, it is important to contact a lawyer who focuses on medical malpractice cases to discuss your options and what steps you should take next. With medical malpractice legal advice, you can ensure that your rights are protected and that your case is strong.
When to Contact a Nevada Medical Malpractice Attorney
Navigating Nevada’s stringent laws and statute of limitations can be very challenging. The last thing you want to do is file your claim outside of your time limit, or have your case dismissed because legal documents were not prepared properly.
If you or a loved one has been the victim of medical malpractice in Nevada, it is often in your best interest to work with an Nevada attorney who focuses on in medical malpractice. With their knowledge, you may be more likely to receive fair compensation for both economic and noneconomic damages.
Various exceptions and/or qualifications apply to not only this rule, but to other Nevada medical malpractice laws. An experienced Las Vegas personal injury attorney can provide you with the guidance you need to understand the laws and make a well-informed decision concerning your situation.
Contact Shook & Stone Nevada Medical Malpractice Lawyers
At Shook & Stone, our knowledgeable Nevada medical malpractice lawyers have successfully pursued compensation on behalf of victims of medical negligence. We are standing by and ready to help you as well. To learn more about your legal rights and to ask any questions you may have, please contact us today for a free consultation. Call us to speak with a lead attorney.
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