posted in Personal Injury on April 06, 2022
What is Medical Malpractice in Nevada?
The relationship between a physician and their patient is one based on deep trust in the physician’s abilities and intentions. A patient and their family believes that many years of medical training and experience in their field means that their doctor would never make a mistake. However, doctors are not superhuman, and mistakes do happen that can have serious consequences for the patient.
What is Medical Malpractice?
When a physician, hospital or other healthcare provider makes an error that results in injury, the patient can file a personal injury suit known as medical malpractice. Medical malpractice is a term that describes care by a physician as inappropriate, unethical, substandard or negligent.
A patient can be compensated for damages if they can prove that the doctor’s error was a result of the legal definition of negligence. There are elements of negligence that provide the foundation for a medical malpractice case. They are 1) a duty owed to someone, 2) a breach of that duty, and 3) the breach of duty results in harm or the harm is approximately caused by the breach. Doctors owe a duty of care to their patients, meaning that once a patient enters into a relationship with a doctor, the doctor must treat the patient with skill and care up to the standard expected from any physician. Proximate cause is a direct relationship between the harm suffered by the patient and the negligent actions of the doctor. If the patient suffers an injury that would have happened anyway, then that cannot be used as a basis for malpractice. The patient must prove that the harm due to medical negligence resulted in considerable damage.
Merely being dissatisfied with medical treatment does not constitute malpractice.
What are the Laws About Medical Malpractice in Nevada?
Each state has its own specific laws about medical malpractice. In Nevada, medical malpractice is defined under Nevada Revised Statute 41A.009 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.” Examples of medical malpractice in Nevada include:
To protect themselves from lawsuits, doctors purchase malpractice insurance, which can be very costly. In order to keep physicians from leaving for other states, each state has a cap on medical malpractice lawsuits. In Nevada, the maximum that can be paid for non-economic damages is $350,000. These are the effects of injury that cannot be easily assessed financially, such as pain and suffering, loss of enjoyment, and anxiety.
Nevada also has a statute of limitations, or time limit, for filing a medical malpractice lawsuit. A patient has a three year limit from when the injury occured, or within one year from when the injury is discovered by the patient. If a child has been brain damaged through negligence of a healthcare provider, the time limit in Nevada to file a medical malpractice lawsuit is until the child is 10 years old.
State law also provides exceptions to the statute of limitations if the patient can prove that the doctor or other healthcare provider did not disclose the error to the patient when they should have been told about it.
How Do I File a Medical Malpractice Claim in Nevada?
Injuries suffered as a result of medical negligence can be heartbreaking. Not only has the trust in your medical profession been broken, but the results of a physician’s negligence can be a prolonged recovery, disability, mounting medical bills, and a loss of income due to inability to work. If you or a family member has suffered due to medical malpractice in Nevada, don’t leave anything to chance. You need the best possible legal representation to get the compensation you deserve. Contact us today for a consultation and let us help you on the road to recovery.
CALL US 24/7