Gina M Corena at GIna Corena & Associates

Founding Member & Managing Partner at Gina Corena & Associates

Practice Areas: Personal Injury

Medical malpractice cases can be complex and emotionally taxing, especially when a loved one’s life is cut short due to a medical error. The case of Brayden Smith, a young “Jeopardy!” champion who died following improper treatment after colon surgery, underscores the severe consequences of medical oversights. In Nevada, victims of medical malpractice and their families must understand the statute of limitations, which governs how long they have to file a claim. This guide will help you understand these laws effectively.

What Is Medical Malpractice?

Definition and Overview

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the patient. This could involve errors in diagnosis, treatment, or aftercare that lead to significant health issues or even death. Understanding what constitutes medical malpractice is the first step in determining whether you have a valid claim.

Common Examples of Medical Malpractice

Some common examples include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors
  • Medication mistakes
  • Birth injuries

These errors can have life-altering consequences and may entitle victims to seek compensation for their suffering.

Statute of Limitations for Medical Malpractice Claims in Nevada

Wondering why statutes of limitations are necessary for a fair justice system and how they help maintain the integrity of evidence? Let’s see:

General Time Limits for Filing a Claim

In Nevada, the statute of limitations for filing a medical malpractice claim generally spans three years from the date the injury occurred. However, there is also a one-year limitation from the date the patient discovered, or should have discovered, the injury. The shorter period between these two limits applies. This means if you discover a medical injury after three years, you may be barred from filing a lawsuit.

Statute of Limitations for Medical Malpractice - corena law

How the Statute of Limitations Affects Your Case

It’s crucial to act swiftly when you suspect medical malpractice. Delaying your claim could jeopardize your ability to pursue legal action. The medical industry’s significant resources can make it challenging to fight claims, so consulting an experienced personal injury attorney early on can make a substantial difference.

Purpose and Importance of the Statute of Limitations

Ensuring Fairness in Legal Proceedings

Statutes of limitations ensure fairness by requiring that lawsuits be filed within a reasonable time frame. This helps maintain the integrity of evidence and ensures that cases are heard while evidence is still fresh. Timeliness in legal actions helps avoid the degradation of crucial evidence, which is essential for a fair trial.

Preserving Evidence and Documentation

Over time, evidence can deteriorate, and witness memories can fade. The statute of limitations is designed to mitigate these risks by encouraging prompt legal action. This system helps both plaintiffs and defendants by providing a structured timeframe within which to gather and present evidence.

Filing a Medical Malpractice Lawsuit

Know the requirements for filing a lawsuit, including the need for an affidavit of merit. It explains how these requirements protect both plaintiffs and defendants.

What Is an Affidavit of Merit?

Before filing a medical malpractice lawsuit in Nevada, plaintiffs must submit an affidavit of merit. This document, required under NRS 41A.071, must include:

  • Proof that the allegations in the lawsuit are supported.
  • A statement from a medical professional in a similar field as the defendant, affirming that the standard of care was not met. 
  • Identification of each negligent healthcare provider or a description of their conduct.
  • A factual account of the alleged negligence, detailing each act in simple, clear terms.

Requirements for an Affidavit of Merit

The affidavit acts as a filter to prevent baseless lawsuits. It verifies that there is a legitimate claim and helps courts manage their caseloads efficiently. For victims, this means additional evidence supporting their case and a higher chance of a successful outcome.

Exceptions to the Statute of Limitations

Here are some scenarios where the statute of limitations might be extended or paused. It highlights specific exceptions that can affect your ability to file a claim.

Medical Malpractice Lawsuit - corena law

Concealment of Malpractice

In some cases, the statute of limitations can be “tolled” or paused if the healthcare provider concealed the malpractice. If a patient could not have discovered the negligence due to the provider’s actions, the time limit is extended until the patient uncovers the malpractice.

Cases Involving Minors

When medical malpractice involves a child, the statute of limitations is extended to allow parents time to fully understand the extent of the injuries. For injuries resulting in severe conditions like brain damage or birth defects, the time limit extends until the child turns 10 years old. If a child is rendered sterile, the limit extends to two years after the child discovers the injury.

Other Unique Circumstances

There are additional rare circumstances where the statute of limitations might be extended, such as when a defendant is involved in ongoing criminal proceedings. Additionally, during state emergencies, such as the COVID-19 pandemic, the governor may extend legal deadlines.

Why You Should Consult an Attorney?

An experienced attorney can provide valuable assistance in assessing your case, preparing the necessary documentation, and advocating for your rights. Early legal advice can significantly impact the outcome of your case and ensure that your claim is filed in a timely manner.

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How Gina Corena & Associates Can Assist You

At Gina Corena & Associates, we are dedicated to supporting victims of medical malpractice in Nevada. Our experienced attorneys understand the nuances of medical malpractice law and are committed to fighting for your rights. Contact us today for a free consultation and take the first step towards securing justice.

Get Your Free Consultation

If you have questions about medical malpractice or need assistance with your case, don’t hesitate to reach out. Call us at (702) 680-1111 or schedule a free consultation online. Let us help you navigate the legal system and pursue the compensation you deserve.

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.

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