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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Doctors hold a trusted position in our lives, providing care and guidance during some of our most vulnerable moments. However, they are not infallible. Mistakes can happen, and these mistakes can have devastating effects on a patient’s health and well-being.
If you find yourself in a situation where you’ve been harmed due to a doctor’s error, you may wonder: Can you sue a doctor in Nevada? This guide will provide you with essential information about medical malpractice, including what it entails, the steps to take if you decide to pursue a claim, and what to expect along the way.
Medical malpractice occurs when a healthcare provider fails to meet the expected standard of care, resulting in harm to the patient. It’s important to note that not every bad outcome or complication is considered malpractice.
For a case to qualify as malpractice, there must be evidence of negligence on the part of the doctor or healthcare provider.
In Nevada, the law requires doctors to provide care that meets certain standards. According to Nevada Revised Statute 41A.009, medical malpractice is defined as “the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances.”
This means that from the moment a doctor begins treating a patient, they have a duty to adhere to accepted medical practices.
Understanding common scenarios can help you identify whether you may have a case. Here are some examples of medical malpractice in Nevada:
When a doctor fails to correctly diagnose a medical condition, it can lead to a harmful delay in treatment. This delay can worsen the patient’s condition, potentially leading to severe consequences.
Prescribing the wrong medication or incorrect dosage can have serious health implications. If a patient suffers adverse effects due to these mistakes, it may constitute malpractice.
Surgical mistakes can range from operating on the wrong body part to leaving surgical instruments inside a patient. These errors can have life-altering repercussions.
Patients expect to receive proper care in a hospital. If negligence leads to infections or other complications that could have been avoided, it may be grounds for a malpractice claim.
Discharging a patient too early can put them at risk of serious complications. If a patient suffers as a result of inadequate aftercare, it may also be considered malpractice.
If you believe you have a case of medical malpractice, it’s essential to act quickly. In Nevada, the statute of limitations for filing a medical malpractice claim is generally three years from when the injury occurred.
However, if you did not realize you were injured until later, you have one year from that date to file. Special rules apply for minors; they have a statute of limitations of up to 10 years for cases resulting in brain damage.
In Nevada, there are limits on the amount of damages that can be awarded in a medical malpractice lawsuit. For non-economic damages—like pain and suffering—the cap is set at $350,000.
However, economic damages, which include medical expenses and lost income, have no cap. This means that if you suffer significant financial losses due to a doctor’s negligence, you could claim millions in compensation.
If you decide to pursue a lawsuit, here are the steps you should take:
Before escalating to a lawsuit, consider reaching out to the doctor directly. Many healthcare providers are willing to address issues and resolve problems without resorting to litigation. Open communication may lead to a satisfactory resolution for both parties.
If direct communication does not yield results, you can consult the medical licensing board. They may provide guidance on your situation or even take disciplinary action against the doctor if warranted.
In Nevada, you will need to secure an affidavit of merit to support your claim. This is a document signed by another qualified doctor who confirms that the care you received did not meet the acceptable standard. This affidavit must review your medical records and assert that your injury resulted from the doctor’s negligence.
Once you have the affidavit, you and your attorney can proceed with filing the lawsuit. Be mindful of the statute of limitations during this process, as failing to file within the required time frame may result in your case being dismissed.
Many medical malpractice cases settle before going to trial. In fact, most disputes are resolved through out-of-court settlements. If your case does go to trial, it’s essential to be prepared for a potentially lengthy legal process, which may involve gathering evidence, witness testimonies, and expert opinions.
Many medical malpractice cases are settled outside of court. Settlements can save time and legal expenses while providing a resolution to the dispute. If a settlement is reached, it often involves negotiations, and both parties agree on a compensation amount without admitting fault.
If your case goes to trial and you win, you may be awarded both economic and non-economic damages. Economic damages cover actual financial losses, while non-economic damages account for emotional pain and suffering, loss of enjoyment of life, and other intangible harms.
The timeline for a medical malpractice lawsuit can vary greatly. Some cases settle within a few months, while others may take several years, especially if they go to trial.
Many personal injury attorneys, including those specializing in medical malpractice, work on a contingency fee basis. This means you only pay if you win your case.
Yes, emotional distress can be included in your non-economic damages. However, proving emotional distress often requires substantial evidence.
Deciding to sue a doctor in Nevada is a serious matter that should not be taken lightly. If you believe you’ve been harmed due to a healthcare provider’s negligence, it’s crucial to understand your rights and the legal process involved. Consulting with an experienced attorney can help you navigate this complex area of law and determine the best course of action for your case.
At Gina Corena & Associates, we are dedicated to helping patients like you seek the justice and compensation you deserve. Our expert team understands the intricacies of medical malpractice claims and is here to guide you every step of the way. Contact us today for a free consultation, and let us help you reclaim your life.
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.
