Medical Malpractice Lawyer in Las Vegas
When Doctors Harm Our Experienced Lawyers Can Help You
Thousands of people entrust their health and, often, their very lives to the care of doctors and other healthcare providers each and every day. These professionals are entrusted to uphold the highest standards of care when providing medical treatment to their patients. When a doctor fails to follow established protocols in the diagnosis, treatment, testing, and progress observation of a patient, it may constitute a case of medical malpractice. This, in turn, can lead to complications, injuries, and even fatalities. In fact, medical malpractice is the third leading cause of death in the United States.
The substandard care of a physician or healthcare provider can have devastating consequences and have a significant impact on the physical, emotional, and financial future of an injured party. If you feel that a doctor or other healthcare provider acted with carelessness or negligence in your care, you should contact the skilled Las Vegas medical malpractice attorneys at The Vegas Lawyers to understand your legal rights with respect to a medical malpractice claim.
Whether you received treatment in Las Vegas, Henderson, North Las Vegas, Summerlin, Green Valley, Boulder City or anywhere else in southern Nevada, call The Vegas Lawyers today at (702) 707-7000 for a confidential consultation.
The Definition of Medical Malpractice Under Nevada Law
Patients of doctors and healthcare providers entrust these professionals to be ethical, qualified, and live up to the highest standards of care and compassion. Unfortunately, this does not always happen. While not every situation rises to the level of malpractice, there are instances when care falls below the acceptable standards which can then be the basis for a claim.
Medical malpractice is a complicated area of law that requires lawyers prosecuting these types of claims to have a good understanding of medical principles. Accordingly, it is important to have the right lawyer on your side.
Nevada law, specifically Nevada Revised Statute 41A.015, defines medical malpractice as “the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.” When a physician or healthcare provider has offered negligent, inappropriate, or substandard care to patients, it can be considered medical malpractice.
Some examples include the following:
- Misdiagnosis or failure to diagnose
- Failure to recognize symptoms
- Misreading or ignoring laboratory results
- Performing unnecessary surgery
- Performing a surgery at the wrong site
- Surgical errors
- Failure to treat complications
- Prescribing improper medication or dosages
- Disregarding patient history
- Failure to get informed consent to a procedure
- Failure to order appropriate testing
- Failure to refer to a specialist
- Premature discharge
- Poor follow-up care
- Wrongful death
- Wrongful birth
Who Can A Medical Malpractice Claim Be Filed Against?
Professionals that are providers of “health care” can be sued for medical malpractice and include the following:
- Physicians, including general practitioners, specialists, surgeons, radiologists, and any other doctors entrusted with the care of patients
- Physician assistants
- Surgery centers
- Imaging centers
- Dental hygienists
- Laboratory directors and technicians
Nevada law, Nevada Revised Statute 41A.017, defines a “provider of health care” to include a physician, physician’s assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license, medical laboratory director or technician, licensed dietician or a licensed hospital, clinic, surgery center, physicians’ professional corporation or group practice that employs any such person and its employees. Thus, under Nevada law, any of these providers can be sued for medical malpractice.
Was Your Injury Due to Medical Malpractice?
Medical errors are not always malpractice. This is an important distinction. There is a difference between a medical mistake and malpractice. An experienced medical malpractice lawyer in Las Vegas can help you understand the distinction as it may apply to your case.
A claim of medical malpractice alleges that the provider did not act in a way that was reasonable for a professional having the same amount of training and experience. Consequently, injury victims and medical malpractice lawyers in Las Vegas must prove certain elements in a medical malpractice claim.
In all situations, a physician or healthcare provider has standards and accepted protocols that must be followed to ensure the safety of patients. When a healthcare provider or physician fails to abide by these measures and protocols, there can be severe consequences.
How Do You Prove Medical Malpractice?
A medical malpractice claim hinges on standards of care in the medical community. Physicians have a duty to provide safe, quality care to protocol standards when treating their patients. Depending on the circumstances and patient, the standard of care may look different for each patient. A skilled attorney in Las Vegas understands this and will prepare accordingly.
Because of a lack of uniformity in standards of care, your healthcare provider’s actions will be compared to what another healthcare provider having the same training and experience would have done. Nevada law requires an of affidavit of merit that must be supported by a medical expert in that particular field to declare that the treatment was substandard and negligent.
Four legal elements must be proven to support a medical malpractice claim:
- That the physician or healthcare provider had a duty to provide you care or treatment
- That the physician or healthcare provider failed to provide care that was to an acceptable standard
- That the negligent care of that physician or provider caused your injury
- And you incurred damages as a result of that injury.
It is important to note that there is a statute of limitations for filing a medical malpractice claim of three years from the date you became injured or one year from the date you discovered your injury. This time limit applicable to medical malpractice claims differs from the normal two year statute that applies in negligence cases.
Because medical malpractice in Nevada is governed differently from many other negligence-based claims, it is important to have the guidance of a highly experienced Las Vegas medical malpractice lawyer to help you navigate these complex cases.
What Can You Be Compensated For Under A Medical Malpractice Claim?
In Nevada, a medical malpractice claim can compensate you for many damages associated with your injuries. These include economic damages which are monetarily quantifiable such as hospital expenses, medications, physical and occupational therapies, special medical care, lost wages both current and future and other verifiable and quantifiable costs. There is no limit on the amount you can be compensated for your economic losses in claim.
Non-economic damages are less quantifiable and are things such as pain, physical impairment, disfigurement, and other costs that commonly get put under the heading of “pain and suffering.” Under Nevada law, however, non-economic damages are currently capped at $350,000.
In order to receive the compensation, you deserve in a medical malpractice claim, the representation of an experienced medical malpractice lawyer in Las Vegas is critical.
Medical Malpractice And Wrongful Death
If a fatality resulted from the malpractice of a physician or healthcare provider, it may fall under Nevada’s wrongful death statute. A wrongful death claim may be filed by certain family members within two years of the individual’s death for costs associated with the medical care expenses, funeral and burial expenses, lost wages, loss of companionship, and other associated damages.
Getting The Representation Of An Experienced Attorney In Las Vegas
The laws and statute of limitations surrounding medical malpractice in Nevada are complex and stringent. You will want the skilled representation of an expert in medical malpractice claims. An experienced Las Vegas medical malpractice lawyer will help you navigate this complicated system by doing the following:
- Gathering evidence including medical reports and laboratory reports
- Gathering witness statements and testimony
- Securing the right medical experts to provide an affidavit of merit and expert testimony in support of your claim or lawsuit
- Negotiating a settlement with the associated insurance company
- Taking the matter to court in the case where a fair settlement cannot be reached
When It Comes To Medical Malpractice, Don’t Gamble With Your Lawyer
The Vegas Lawyers have dedicated their lives and careers to representing injury victims and their families and negotiating the best possible outcomes to ensure that they can go on with their lives.
If you’ve been injured due to the carelessness, negligence, or substandard care of a physician or healthcare provider, contact the experienced Las Vegas personal injury lawyers at The Vegas Lawyers by calling (702) 707-7000 for a free consultation to understand your options.