When a medical professional’s mistake leads to harm, it can result in serious injuries, lasting pain, and unexpected medical costs. In these cases, victims of medical malpractice often seek compensation for their suffering. However, pursuing a medical malpractice claim can be complex and challenging, particularly in Nevada, where specific rules and procedures govern these types of cases. If you or a loved one has been injured due to a healthcare provider’s negligence, understanding the legal process is essential for protecting your rights and ensuring you receive fair compensation.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare professional, such as a doctor, nurse, or surgeon, fails to provide the standard of care expected in their field, resulting in injury or harm to a patient. This can take many forms, including:

• Misdiagnosis or delayed diagnosis

• Surgical errors

• Medication mistakes

• Birth injuries

• Anesthesia errors

• Failure to obtain informed consent

In a medical malpractice case, the injured party must prove that the healthcare provider’s actions (or lack of action) directly caused the injury. This is typically done by showing that the healthcare provider did not meet the required standard of care and that their negligence resulted in harm.

Key Steps in Pursuing a Medical Malpractice Claim

Seek Immediate Medical Attention

If you believe you’ve been the victim of medical malpractice, your first priority should be your health. Seek a second opinion or additional treatment if necessary to address any issues caused by the malpractice. Your immediate care should come first, and the documentation of your injury and subsequent treatment will play a critical role in your legal case.

Consult with an Experienced Medical Malpractice Lawyer

Medical malpractice cases are complex, and the stakes are high. It’s important to consult with an attorney who specializes in medical malpractice claims. An experienced lawyer can help you determine whether you have a valid case and guide you through the process. They will also have access to expert witnesses, such as other medical professionals, who can review your case and provide testimony on whether the standard of care was met.

Evaluate the Standard of Care

In medical malpractice cases, one of the key elements to prove is whether the healthcare provider breached the “standard of care.” This is the level of care that a reasonably competent healthcare professional with similar training and experience would have provided under the same circumstances.

To evaluate the standard of care, your attorney may consult with medical experts in the relevant field to determine whether the actions taken (or not taken) by the healthcare provider were in line with accepted practices. Expert testimony is often essential to proving that malpractice occurred.

Obtain Medical Records and Documentation

Your attorney will need access to your medical records to investigate your case. These records can provide a clear picture of the care you received and how it may have fallen short of the standard. Any documentation, including test results, treatment plans, and notes from healthcare providers, can serve as evidence of malpractice.

Additionally, your attorney may need to secure records from other medical professionals involved in your care to build a comprehensive case.

Determine the Damages and Impact on Your Life

In a medical malpractice case, you are entitled to compensation for damages caused by the injury. These damages may include:

• Medical expenses: Current and future medical costs incurred due to the malpractice, including additional treatments, surgeries, and rehabilitation.

• Lost wages: If you are unable to work because of the injury, you can seek compensation for lost income, as well as any future lost earnings.

• Pain and suffering: Compensation for the physical and emotional toll the injury has taken on your life.

• Loss of quality of life: If the injury affects your ability to enjoy life or perform daily activities, you may be entitled to compensation for this loss.

The extent of damages will depend on the severity of the injury and its impact on your life.

File a Medical Malpractice Lawsuit

Once your lawyer has gathered the necessary evidence, they will help you file a medical malpractice lawsuit in Nevada’s court system. Nevada has specific rules regarding the statute of limitations for medical malpractice cases. In general, you have two years from the date the malpractice occurred or from the date you reasonably should have discovered the injury to file a lawsuit. However, there are exceptions, especially in cases involving minors or situations where the injury is not immediately apparent.

It’s crucial to be aware of these deadlines, as missing them could result in the dismissal of your case.

Engage in Pre-Litigation Process and Settlement Negotiations

In Nevada, before filing a lawsuit, medical malpractice claims must go through a pre-litigation process. This process involves submitting the case to a medical review panel to determine whether the healthcare provider breached the standard of care. The panel’s opinion is non-binding, but it can be an essential step in strengthening your case.

Following the pre-litigation process, your lawyer may enter negotiations with the defendant’s insurance company to reach a settlement. In many cases, settlements are reached without going to trial. However, if the parties cannot agree on a fair settlement, the case may proceed to court.

Go to Trial (If Necessary)

If a settlement cannot be reached, your case will go to trial. At trial, both sides will present their arguments, and the jury will decide whether the healthcare provider is liable for the injury. Medical malpractice trials can be lengthy and complicated, but with the help of a skilled attorney, you will have a stronger chance of success.

Common Defenses in Medical Malpractice Cases

Defendants in medical malpractice cases often raise several defenses to avoid liability. Common defenses include:

• Error in judgment: The defendant may argue that the injury occurred because of an honest mistake or error in judgment that was not due to negligence.

• Assumption of risk: In some cases, the defendant may claim that you were aware of the risks associated with the procedure or treatment and voluntarily accepted them.

• Contributory negligence: The defendant may argue that your own actions contributed to the injury, such as failing to follow medical advice or instructions.

Your lawyer will need to counter these defenses and prove that the healthcare provider was negligent.

Statute of Limitations and Legal Time Limits

In Nevada, the statute of limitations for filing a medical malpractice claim is two years. However, in some cases, the time limit may be extended if the injury was not immediately apparent, such as in cases of misdiagnosis or surgical errors that only become evident later. It’s crucial to speak with an attorney as soon as possible after discovering potential malpractice to ensure you do not miss important deadlines.

Conclusion

Pursuing a medical malpractice claim in Nevada can be a long and difficult process, but it’s an essential step in securing justice for the harm caused by a healthcare provider’s negligence. By understanding the steps involved and consulting with an experienced personal injury attorney, you can navigate this complex process with confidence. If you believe you have been the victim of medical malpractice, don’t hesitate to seek legal advice to protect your rights and pursue the compensation you deserve.