Trust does not come easily to most people. It must be earned and nurtured in order to maintain optimal trusting relationships. So often does someone let you down, that it’s just easier to leave trust at the door and live life as a skeptic.

One area of life that people seem to be more flexible with their trust is within the medical profession. Doctors are often chosen randomly, sometimes by referral, but often the relationship is built on false trust. The patient trusts the doctor will perform at high standards and treat them correctly, but the patient usually knows nothing of this doctor’s past or professional relationship. Most times this relationship works out well – patients are treated and sent on their way. Other times, things don’t quite go as planned and malpractice is committed. Then what? What should the patient do next? These steps should be followed in order to best begin a medical malpractice suit.

When medical malpractice is committed, the first action the patient should take is to obtain their medical records. These can be obtained by contacting the medical records department of the hospital they attended, or by reaching out to the doctor’s office specifically. You have a right to view and obtain your medical records under any circumstances, so when debating to follow through with a medical malpractice suit, you should obtain these medical records immediately.

Next, it’s time to find a lawyer. Some patients might try to follow through on their case on their own, which is called pro se, but it’s not advisable. There are many moving parts and costs involved with a medical malpractice case, and it is best to go to an experienced attorney. This attorney can also obtain your medical records if you provide them with authorizations to obtain medical records on your behalf. This helps because the attorney will often cover the cost of medical record copies. Experienced medical malpractice attorneys will often work on a contingency basis, meaning they will only charge you their fees if they win the case. It also means that they likely will cover many of the costs of finding an expert witness, instead of having the patient pay out of pocket.

Expert witnesses are key to winning a medical malpractice suit. When a doctor commits malpractice, a similar doctor must review medical records in order to testify that that doctor has in fact acted outside of the standard of care. The attorney should be tasked with finding a suitable medical expert witness. Expert witnesses charge high fees for their work, and an attorney working on a contingency basis will often cover those costs for their client. Most expert witnesses will charge an hourly rate and a retainer, so these fees add up quickly. If your case goes to trial, most experts will charge a flat rate to appear and testify. If a patient is attempting to try their case pro se, they would be responsible for paying these rates upfront. It’s rare to find a doctor willing to work on a contingency basis as this type of work takes them away from their practices. So they will often request retainers and payment upfront in order to make up for time lost tending to their own patients.

Once a medical expert witness is chosen, they will review your medical records to find areas of malpractice. Sometimes, they will not be able to find any wrongdoings, and the case ends there. You have the option to have another expert witness review your files, but the client would need to pay and locate another doctor in a similar specialty. If the doctor does find malpractice, many states require them to write a report to submit to the court. These reports vary in length, and the attorney will review it in order to make sure it complies with court and state regulations.

Once a report is submitted, chances are a significant amount of time will go by before anything else is done. Eventually, most states will call for a deposition of the patient and medical expert witness. This gives the opposing side the chance to ask any questions and detail each person’s account of the events. Some states do not require this and instead go straight to trial. Trials are held in front of juries who decide if the doctor committed malpractice after hearing all of the evidence.

It’s worth noting that not all medical malpractice cases are straightforward. For instance, issues arising from emergency room medical malpractice can be particularly complex. Moreover, there are various types of medical malpractice mistakes that patients might encounter. It’s also crucial for patients to be aware of the limitations in Nevada when considering such claims.

Pursuing a medical malpractice case is a lengthy and expensive process that should be undertaken by an attorney at all costs. Patients wishing to go pro se should highly consider working with Gina Corena & Associates instead to see that their case is given the best chance of winning. Call us today at (702) 680-1111.

As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.

  • This was my first time using a lawyer, which I needed due a major car accident. They made everything simple and stress free, and I couldn’t be happier with the attentive care I received from everyone at the law office. Gresia was fantastic, and kept in touch regularly. She was professional, knowledgeable, and very kind. I would recommend them to anyone.

    - Deb Compton

  • Gina and her crew are truly amazing. They exceeded my expectations. They kept in contact with me throughout the whole time and any questions I did have They would take the time and explain everything so I would know what to expect. I would highly recommend them at any time.

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  • Thank you very much for the services everyone answered every single one of my calls and this firm took care of me from start to finish. Thank you so much Gina for taking on my case and assisting me I will recommend you to everyone.

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  • I rarely do reviews but I want to share what an outstanding team Gina Corena has. Mahna Pourshaban did such an awesome job In helping us get our settlement, she has treated us like family since day 1 that we met her.. Me and my family want to tell u guys thank u from the bottom of our hearts.

    - The LOPEZ Family

  • Working with Gina was An amazing feeling as the client to know that my case is being handled professionally and to the best it can be ! Knowing that Gina can handle it gave me confidence and peace, 100 percent recommend Gina and her associates team !

    - Jonathan Rodriguez

  • GINA CORENA is the best attorney indeed! Thank you to her amazing team the attention to detail I received was incredible. 100% recommend to everyone!

    - Clara Maria

  • My experience with Gina Corena’s office was amazing. They were all professional and were easy to reach out to during my whole case. I’d recommend their services 10/10!!

    - Mark Surban

  • I'm really satisfied with the work these ladies provide. They’re Super reliable and Professional, Alexandra was the one that helped me with my case and she’s super nice and sweet. She made sure I was aware about all the updates with my case. Overall the work they provide to the citizens of Las Vegas is top notch. Thank you Gina Corena and associates.

    - Gil Axel

  • This is the best company I have dealt with hands down. I am super thankful with them for all the work they did on behalf of my case. The process was rather simple and very well explained from start to finish. Thank you so much Gina Corena &. Associates. Thank you Kim for assisting in my case.

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  • I received nothing but top notch service from this firm not once but twice please keep up the outstanding job customer service is very important to me and your firm went above and beyond again THANK YOU

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  • Such a great law firm. This was my first time having to get a lawyer due to an auto accident and they explained all the ins and outs of my case and the process. I will definitively keep them in mind again for the future.

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  • If I can give Gina’s firm 10 stars I would. They have the best customer service & most knowledgeable staff I’ve ever come across. The office is always clean and it has a lovely and positive vibe. Thank you to this amazing firm to make my experience fast and easy for me. Gina definitely knows how to care of her clients and treated me like family. I will recommended to my friends and family.

    -Cony Jordan


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