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Five Things You Need to Know About Medical MalpracticeEstimated Reading Time: 10 minutes
Medical malpractice can have serious and life-altering consequences. If you or a loved one has been injured due to medical negligence in Nevada, it is essential to understand your legal rights and options.
Before you decide to pursue a medical malpractice case, it is important to consult with an experienced medical malpractice attorney in Nevada who is familiar with the laws in the state – contact Henderson personal injury attorney Laura Payne today for an expert legal consultation at (702) 450-4868!
Medical Malpractice in Nevada – Five Things You Need to Know
Here are five things you need to know about bringing a medical malpractice case in Nevada.
- You Only Have One Year – Obtain Your Records Quickly
- You Can File A Lawsuit Against Any Health Care Provider Involved
- You Need A Lawyer As Soon As Possible – The Burden Of Proof Is High
- You Need A Medical Expert To File Your Case
- Cap On Damages – Serious Injuries Warrant The Cost Of A Medical Malpractice Case
What is Statute of Limitations in Nevada?
Answer: Generally, one year from the date of injury. The statute says: “An action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.”
So, obtain your records quickly! If you believe you have been injured as a result of medical malpractice, it is important to remember that there is a statute of limitations in Nevada. This means that you may only have one year from the date of injury discovery to file a lawsuit. If you fail to act within this one year window, you will be unable to pursue your claim. There are some exceptions to the statute and that is why you need to consult an attorney. The statute is complex.
NRS 41A.097 – Limitation of Actions; Tolling of Limitation
The Law is stated at NRS 41A.097 as follows:
- Note that section 1 of NRS 41A.097 is prior to 2002
- Except as otherwise provided in subsection 3, an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first, for:
- Injury to or the wrongful death of a person occurring on or after October 1, 2002, based upon alleged professional negligence of the provider of health care;
- Injury to or the wrongful death of a person occurring on or after October 1, 2002, from professional services rendered without consent; or
- Injury to or the wrongful death of a person occurring on or after October 1, 2002, from error or omission in practice by the provider of health care.
- This time limitation is tolled for any period during which the provider of health care has concealed any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known to the provider of health care.
For the purposes of this section, the parent, guardian or legal custodian of any minor child is responsible for exercising reasonable judgment in determining whether to prosecute any cause of action limited by subsection 1 or 2. If the parent, guardian or custodian fails to commence an action on behalf of that child within the prescribed period of limitations, the child may not bring an action based on the same alleged injury against any provider of health care upon the removal of the child’s disability, except that in the case of:
- Brain damage or birth defect, the period of limitation is extended until the child attains 10 years of age.
In addition to being aware of the statute of limitations, it is also important to obtain your medical records quickly. You will need these records to prove your case. It is recommended that you contact an experienced medical malpractice attorney as soon as possible in order to begin the process of obtaining these records. A lawyer can help make sure that all necessary documents are properly obtained, and that any applicable deadlines are met.
Medical malpractice is a complex area of law, and you will need a lawyer who has experience with medical malpractice / negligence cases. For over 25 years, we have been successfully represented clients injured due to medical negligence, and have recovered millions on their behalf. If you believe you have been the victim of medical malpractice, call us immediately at (702) 450-4868 or request a consultation online to discuss your legal rights and options.
Who Can Be Sued for Medical Malpractice?
Answer: If you have suffered from a severe injury including long-term disability, or permanent injury due to the negligence of a healthcare provider, such as a doctor, chiropractor, dentist, nurse, or hospital, you may have a medical malpractice case. Medical malpractice is complex and can be difficult to prove without experienced representation. Millions of dollars have been recovered in medical malpractice cases, so if you believe you may have a case, you will need to call a medical malpractice lawyer immediately at (702) 450-4868.
At our personal injury law firm, we understand how important it is to fight for your rights and are here to help get you the compensation you deserve. Request a consultation today to learn more about how we can help you.
We know that medical malpractice claims require an extensive investigation, which is why it’s important to call an attorney with experience handling these kinds of cases. Our attorneys are well-versed in both federal and state law regarding medical malpractice, and we will use our experience and knowledge to build the strongest possible case on your behalf. Our team has successfully recovered millions of dollars in damages on behalf of clients who have suffered a long-term disability or permanent injury because of medical malpractice. So, don’t wait; contact us immediately if you think you may have a claim!
What Must be Proven in a Medical Malpractice Case?
Specifically, in Nevada you must prove your health care provider failed to use reasonable care, skill or knowledge ordinarily used by a similarly trained doctor.
The Law is stated at:
NRS 41A.015 – “Professional negligence” defined. “Professional negligence” means 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.
Bringing a medical malpractice case in Nevada is complex, and it is important that you understand what must be proven to prove your case. In Nevada, to successfully bring a medical malpractice claim you must be able to prove that the healthcare provider was negligent in their care of the patient and that this negligence was the direct cause of your long-term disability or permanent injury. To prove negligence, you will need to establish that the healthcare provider failed to use reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care. This requires experienced representation and extensive legal knowledge, which is why it is important to call an experienced medical malpractice lawyer immediately if you believe you have been a victim of medical malpractice.
At TheOneLawyer personal injury law firm, we have successfully recovered millions of dollars on behalf of our clients in medical malpractice cases. We understand how serious the consequences of medical malpractice can be, and we are dedicated to helping those who have been wronged get the justice they deserve. Our team is here to help. A successful outcome of a medical malpractice lawsuit can result in millions being recovered for victims and families affected by medical negligence. However, navigating the complexities of a medical malpractice case is not easy, so if you believe you are the victim of medical malpractice, it is important to call an experienced attorney immediately. An experienced attorney can help make sure your rights are protected and assist you with recovering compensation for any damages suffered as a result of medical negligence.
Does the Law Require an Expert Witness to File your Medical Malpractice Case In Nevada?
Answer: The answer is yes. In Nevada, under NRS 41A.071 you must have an expert statement in support of your claims to file a lawsuit.
Nevada Law Requiring an expert statement in support of your lawsuit is as follows:
NRS 41A.071 Dismissal of action filed without affidavit of medical expert. If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:
- Supports the allegations contained in the action;
- Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;
- Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and
- Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.
If you are considering filing a medical malpractice lawsuit in Nevada, it is important to know that you must have an “affidavit of merit” from a qualified medical expert. This affidavit of merit must support the allegations set out in the complaint and must state who committed the malpractice. It must also set out in simple, concise, and direct terms the specific wrongful acts of each care provider being sued.
It is important to understand that there are complexities associated with medical malpractice cases, as they can often involve long term disability and/or permanent injury. Having experienced representation is critical to ensuring you receive the maximum amount of compensation you are entitled to receive. Millions of dollars have been recovered by individuals and families across the country through medical malpractice cases.
If you believe you or a loved one may have been the victim of medical malpractice, you will need a lawyer. Call TheOneLawyer.com immediately at (702) 450-4868 for an initial consultation and get the experienced representation you deserve.
How Are Damages Calculated in a Medical Malpractice Case – Are There Statutory Limitations?
The answer is yes there is a cap on damages for pain and suffering (also called noneconomic damages) but no there is not a cap on damages for long term medical expenses, past and future wage loss and any other economic damages.
Nevada Law limiting noneconomic damages is as follows:
NRS 41A.035 – Limitation on amount of award for noneconomic damages. In an action for injury or death against a provider of health care based upon professional negligence, the injured plaintiff may recover noneconomic damages, but the amount of noneconomic damages awarded in such an action must not exceed $350,000, regardless of the number of plaintiffs, defendants or theories upon which liability may be based.
When it comes to medical malpractice cases in Nevada, like many other states, there are statutory limitations that must be taken into account when calculating damages. These limitations include caps on non-economic damages such as pain and suffering which is capped at $350,000.00. Non-economic damages can also include loss of enjoyment of life, compensation for pain and suffering, inconvenience, disfigurement, or any other similar harm caused by the defendant’s malpractice.
Nevada does not limit wage loss or future medical needs. This means that if you or a loved one has suffered permanent injury or long term disability due to a medical malpractice case in Nevada, you may be entitled to compensation for all of these damages.
Medical malpractice is complex, and it is essential that you have experienced representation in order to make sure that you are getting the maximum amount of compensation for your case. An experienced lawyer can help you understand the various statutes and laws that apply to your case, as well as advise you on how best to proceed. At TheOneLawyer.com, our attorneys have years of experience representing victims of medical malpractice in Nevada and have successfully recovered millions in compensation for our clients.
If you believe you have a medical malpractice claim in Nevada, call us immediately. We will provide you with the aggressive and knowledgeable representation that you need in order to seek justice and obtain maximum compensation for your losses. Our team is dedicated to providing you with personalized attention and obtaining the best possible outcome in your case. Whether you are dealing with a wrongful death suit, birth injury suit, negligence suit, or any other kind of medical malpractice claim, you will need a lawyer who understands the complexities involved and knows how to navigate through the system. Don’t delay in seeking justice; call us at TheOneLawyer.com immediately so we can begin working towards a favorable outcome in your case.
Practicing Gratitude – Weekly Afirmation
Practicing gratitude every day is important for our mental state. In modern life, our lives are full of hectic situations. Without gratitude, we can easily be overcome. On this day, in am grateful to go and watch my son play baseball on this balmy afternoon. By practicing gratitude consistently, we will all be less stressed and have more inner peace in our lives.
Each of my blogs will contain something I am grateful for and at the end of the year, they will be listed in a year end blog. I hope that you will also have a long list by the end of 2023 of your grateful affirmations. I hope that by thinking about gratitude, I will find the positive of each day, even the days that are difficult. In our practice we fight daily with insurance companies and large corporations for our clients, and we are grateful you have chosen TheOneLawyer.com to fight you and your family after an accident.
We are here to help you receive compensation for the pain you have endured and the injuries you sustained following an accident. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at (702) 450-4868 and text 24/7 at (702) 600-0032.
Contact me today - As a former insurance attorney, I have expert knowledge of how insurance companies operate, and I get you the best possible outcome for your case!