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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.
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.
Some common examples include:
These errors can have life-altering consequences and may entitle victims to seek compensation for their suffering.
Wondering why statutes of limitations are necessary for a fair justice system and how they help maintain the integrity of evidence? Let’s see:
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.
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.
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.
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.
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.
Before filing a medical malpractice lawsuit in Nevada, plaintiffs must submit an affidavit of merit. This document, required under NRS 41A.071, must include:
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.
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.
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.
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.
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.
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.
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.
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.
