Most people trust their doctors to provide competent care, and most of them do. However, doctors can make mistakes, and sometimes, they do not provide the quality of care every patient deserves.
When you experience an injury, illness, or worsening of an existing condition and believe your doctor bears responsibility, contact a Summerlin medical malpractice lawyer immediately. You have a limited time to file a lawsuit, and the procedural requirements are extensive. Representing patients from Rhodes Ranch, Sun City, and Sovana in addition to Summerlin, our trusted injury attorneys use their extensive knowledge and skills to obtain the best result possible under the given circumstances. Call Shook & Stone today to begin reviewing your situation.
Identifying Medical Negligence
Bodies are unique, and people respond to treatment differently. A poor outcome is not necessarily the result of medical negligence. Medical negligence or malpractice happens when a healthcare professional does not exercise the same level of knowledge, skill, and judgment as another physician with similar training would provide in the same situation. Some scenarios that might involve medical negligence include, but are not limited to:
- Failing to refer a patient to a specialist
- Prescribing contraindicated medications
- Performing an unnecessary treatment or procedure
- Failing to order necessary diagnostic tests
- Misinterpreting the results of diagnostic tests
- Prescribing the wrong medication or the wrong dose
- Inadequate monitoring of patient’s response to treatment
- Leaving a tool behind during surgery or operating on the wrong body part
- Failing to ensure the patient understands the risks of a treatment or procedure
- Taking an inadequate medical history or failing to consider the patient’s medical history
A medical professional who does not meet the appropriate standard of care is liable to a patient who sustains injuries as a result. Other parties, such as a hospital or other healthcare providers, might also have been negligent. Our Summerlin attorneys could evaluate the potential medical negligence that led to a patient’s injury, identify all the parties who might have contributed to it, and hold them accountable for the damages.
Proving a Medical Professional Is Negligent
The injured patient (plaintiff) must prove another party (defendant) is negligent in order to receive compensation – also known as damages – for their injuries and losses. Proof of negligence requires the injured person to establish:
- The plaintiff and defendant had a professional relationship
- The defendant had a duty to provide appropriate care to the plaintiff
- The defendant failed to uphold their duty
- The plaintiff suffered losses as a direct result of the failure
Establishing that the patient had a professional relationship with the healthcare professional is usually easy—insurance claim forms, appointment records, and a medical record the professional generated could provide the necessary proof. Establishing a healthcare provider/patient relationship is also sufficient to prove the professional’s duty to meet the appropriate standard of care.
Proving that the healthcare provider did not meet the standard of care and caused someone’s injuries is what makes a malpractice action more complex. Nevada Revised Statutes § 41A.071 requires a Summerlin attorney to obtain an opinion from an expert confirming their finding that the medical professional committed medical negligence. The attorney must file this document, called an Affidavit of Merit when they file a malpractice lawsuit.
Damages Available in Medical Malpractice Cases
A healthcare provider who harmed a patient through medical negligence is liable for their damages. The injured person must prove the losses the medical malpractice caused.
Economic damages reimburse a person’s present and future out-of-pocket losses. The negligent healthcare provider must pay for items like medical costs, necessary support services, lost income, and diminished future earning capacity. The state places no caps on the amount of economic damages an injured patient could receive.
Non-economic damages provide compensation for the intangible impacts of an injury, such as pain, disability, emotional suffering, or scarring. The law limits non-economic damages in medical negligence cases to $350,000.
Consult Our Summerlin Attorneys About Seeking Damages for Medical Negligence
Like many others, you depend on your doctor for good advice and competent treatment. When a doctor or other healthcare provider is careless or incompetent, you have the right to seek compensation for their negligence.
Whether you are in the Summerlin, Rhodes Ranch, Sun City, or Sovana area, contact a Summerlin medical malpractice lawyer from Shook & Stone when you believe a medical error caused you harm. Reach out today to discuss your situation with a knowledgeable attorney.