A Las Vegas medical malpractice lawyer knows the personal injury laws in Nevada and is best equipped to help you fight for the settlement you deserve so you can get on with your recovery.
While most physicians provide great care to their patients, there are still too many people in Nevada who find themselves the victims of medical malpractice. Now injured, they must pursue an injury claim against their health care provider to receive the financial resources they need to cover subsequent treatments, therapy, time off from work, disability, and emotional distress.
It’s hard enough dealing with serious injuries and disability, let alone trying to take on the insurance companies by yourself. Nevada medical malpractice attorneys take the stress out of the claims process by gathering evidence, interviewing and retaining expert witnesses as needed, and negotiating with the insurance companies on your behalf.
Whether your doctor made a preventable mistake during surgery or failed to provide you with an accurate diagnosis, the toll of a medical error can have a substantial impact on your life. The purpose of a medical malpractice claim is to seek compensation for your injuries so you will have the financial resources to recover or manage your condition.
Medical malpractice is a legal cause of action that occurs when a medical or other health care professional deviates from the accepted standard of care, through a negligent act or omission, that causes injury to their patient. When a health care provider provides negligent care that results in injury, they can be liable for their actions. A medical malpractice claim seeks to recover for past and future pain and suffering, disability, medical expenses, and lost wages, among other damages. The spouse or dependent child may also recover for loss of services.
It is reported that at least 250,000 people every single year are killed as a result of medical errors and many more suffer illnesses and injuries that could have been prevented if the doctor had given you the appropriate level of care. Medical malpractice can involve any situation in which a doctor’s conduct fell under the professional standard of care that they had a legal duty to provide to you. This can look different from case to case, but most medical malpractice cases include one or more of the following:
Knowing how to proceed with a medical malpractice case and some of the challenges you might encounter when pursuing a claim for recovering is essential. During this difficult time, it is crucial to obtain the representation of an experienced and knowledgeable medical malpractice attorney to explore your options and help you to develop a comprehensive case strategy.
One of the most important components of your medical malpractice claim in Nevada is the determination of whether the physician or health care provider in question deviated from what other professionals in their position would have done. For this, you will need to seek legal advice.
The facts surrounding your case must be carefully evaluated by a skilled medical malpractice attorney, and possibly an expert medical witness, to identify whether your health care provider’s mistakes deviated from a reasonable standard of care ordinarily used by professionals of similar training or experience under the circumstances.
As a plaintiff in a malpractice case, you will have the burden of proving that your health care professional committed professional negligence by a preponderance of the evidence. This is a higher standard than a typical negligence claim because a medical provider is held to the standard of conduct or care that would be employed by a professional in their field of similar experience and training. They have a higher duty of care than a person without their training or experience.
Injured patients or loved ones filing a medical malpractice claim for the loss of a loved one should also know that medical malpractice claims must follow a set of complex laws particular to the state in which you are filing a claim. Personal injury claims also require substantial evidence to prove the following five elements:
If you are wondering whether you really need to hire a medical malpractice lawyer, you should know that it is very difficult, if not impossible, for a person who is not a medical malpractice lawyer to bring a successful medical malpractice claim.
A good medical malpractice attorney acts as an experienced and professional adversary who will overcome the common tactics used by defense lawyers. The personal injury attorney will interview and retain witnesses, investigate and research issues, and gather supporting documents to prove your claim.
Filing a lawsuit against a hospital or physician means that you will be up against insurance companies that successfully defend against claims just like yours every day. These insurance companies typically have extensive teams of lawyers that are thoroughly experienced in defending medical malpractice.
Likewise, you need to have the support of a knowledgeable and skillful medical malpractice attorney to help guide you through the process and assertively pursue your claim to help you recover the compensation you are entitled to.
It is necessary to speak to a local medical malpractice lawyer to determine whether or not you have a viable malpractice claim. Injury attorneys understand the laws in your state and can hire an outside and independent medical expert to evaluate your case, if necessary. Call us for a free consultation today at (702) 680-1111.
No matter what state you live in, all types of personal injury claims have a statute of limitations; including medical malpractice claims. Nevada Statute of limitations laws create a time limit for a prospective plaintiff to start a case in civil court.
A person injured by medical malpractice in the state of Nevada generally has three years to file their claim within Nevada’s statute of limitations. Specifically, there is a three-year window to file a claim from the date the negligent act or omission causing injury occurred, or one year from the date the injury was discovered or should have reasonably been discovered.
Courts are not usually given the authority to extend the statute of limitations and will typically throw a case out as being “time-barred” if it is brought outside of the statute. The statute of limitations is most often used by the defense team in an attempt to defeat an action from a plaintiff after the state’s statute of limitation has passed, but it is also meant to provide a reasonable timeframe for the plaintiff to bring a claim. The best thing a plaintiff can do is get a case evaluation as soon as possible.
A medical malpractice settlement should cover all economic and non-economic damages caused by negligent medical care. Damages are specific to the circumstances of each case but there are many common damages:
Medical malpractice clients pay no upfront costs or fees to pursue a medical malpractice claim in Nevada because representation is provided on a contingency fee basis for personal injury cases. While you will not incur any attorney fees if you do not win your case, Nevada State law requires clients to reimburse the law firm for out-of-pocket expenses. When cases are concluded with a monetary recovery, our firm is repaid for the out-of-pocket costs we have advanced with a percentage of the settlement.
Because medical malpractice falls under personal injury laws, you may think that any personal injury lawyer can help you with a medical malpractice claim. While this may technically be true, many personal injury lawyers do not take medical malpractice cases and others may not have the experience you need to get a positive outcome for your case.
It is extremely important to choose a medical malpractice lawyer in your area who has years of experience with the practice area, and medical malpractice claims like yours. Some factors to look for are:
Start by asking friends and family for a referral or doing a search online. After narrowing down your list to a few attorneys, don’t be afraid to speak to each of them to find the best fit for you.
If you or your family member is suffering as a result of the negligence of a medical professional, you deserve a settlement that will allow you to afford the care you need to recover. Unlike the insurance companies that will fight tooth and nail to avoid paying what you deserve, medical malpractice attorneys are on your side. Your lawyer will help you put a value on your injury claim and negotiate to get you the maximum settlement. If a favorable settlement cannot be reached out of court, your malpractice attorney will take your case to trial; representing you at every step and presenting the evidence and expert witnesses needed to prove your claim.
Medical malpractice claims can be difficult to prove, particularly when they involve an understanding of complex medical facts or allegations of wrongful death, birth injuries, or catastrophic injuries. Do not face a hospital or insurance company alone. An experienced Las Vegas medical malpractice attorney can assist you with the more complicated aspects of your claim.
If you believe that you or a loved one are the victims of medical negligence, the law offices of Gina Corena & Associates are ready and able to fight for the compensation you deserve. We will use our years of experience helping countless medical malpractice victims and our relationships with expert witnesses to form a comprehensive case strategy to recover the compensation you are entitled to. We always stay attentive and responsive to your legal and medical needs while keeping you updated on the progress of your case. Most medical malpractice claims are settled out of court, but rest assured that we will take your case to trial if that is what is needed for the best possible outcome.
Gina Corena is a skilled litigator that has practiced in Nevada her entire career, providing legal representation to her injured clients. As a personal injury law firm, Ms. Corena prides herself in her devotion to representing injured clients and has acquired millions in settlements and litigation awards for her clients since founding Gina Corena & Associates.
Named a Top 40 under 40 Attorney by the American Society of Legal Advocates and one of the “Ten Best Attorneys” in Nevada for her exceptional and outstanding client services, Gina Corena is a litigator that will fight for you.
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For an initial consultation and review of your case, contact our experienced Las Vegas medical malpractice lawyers. We are available online or by phone at (702) 680-1111. Schedule your appointment today!
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