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Las Vegas Medical Malpractice Lawyer
Are you or a loved one injured after a medical procedure in Las Vegas? You’re not alone. Many patients deal with new complications and growing medical expenses after receiving medical care.
If you’re facing ongoing treatment, lost income, or long-term effects after a procedure, it may be time to take a closer look at your situation.
You can request a free case evaluation to discuss your case and learn what steps may be available.
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Understanding Medical Malpractice in Las Vegas
Medical malpractice occurs when a healthcare provider fails to meet the accepted medical standard of care and a patient is harmed as a result.
It’s important to keep in mind that not all unfavorable medical outcomes can be considered malpractice. In order to prove negligence, one generally needs evidence and expert testimony.
Some of the parties involved in many medical malpractice cases are:
- doctors
- surgeons
- hospitals
- nurses
- pharmacists
- other healthcare professionals
Medical errors have been identified by some research as a serious public health issue and a significant public health concern in the United States.
What Is Medical Malpractice?
Medical malpractice is basically when a healthcare provider does not adhere to the accepted standard of medical care and in doing so causes harm to a patient. A key phrase here is “standard of care.” This phrase, “standard of care” refers to what a reasonably competent provider with similar training would have done given the same circumstances.
Here are some common examples:
- Misdiagnosis
- Surgical mistakes
- Medication errors
- Improper treatment decisions
Under Nevada law NRS 41A.015, professional negligence is defined as:
“the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.”
When Medical Errors Become Medical Negligence
It’s important to remember that not all medical errors or poor medical outcomes qualify as malpractice. For a medical error to be considered “negligence,” the error must both have:
- Violated the standard of care
- Caused harm to the patient
In medical malpractice lawsuits, courts need to determine if a “reasonably prudent provider” would have acted differently or the same under the same circumstances. To evaluate this, it’s generally required to:
- Review medical records
- Get opinions from independent medical experts
Common Types of Medical Malpractice Cases
Medical malpractice can occur in many different healthcare settings. This can include:
- Hospitals
- Surgical centers
- Clinics
- Emergency rooms
- Nursing homes
The type of claim is going to depend on the provider’s actions and the harm that resulted from it.
Misdiagnosis and Delayed Diagnosis
Some people have conditions that worsen because the provider may have failed to diagnose it. This is sometimes seen with conditions such as:
- Cancer
- Stroke
This can occur sometimes due to the provider:
- Ignoring symptoms
- Misreading test results
- Failing to order necessary testing
This report published in the National Library of Medicine found that diagnostic errors are one of the largest contributors to deaths linked to medical errors.
Surgical Errors
Some errors that take place during surgery may be considered as medical malpractice. These can include:
- operating on the wrong site
- leaving instruments inside the body
- damaging organs or nerves
Oftentimes, these errors are linked to:
- Poor planning
- Communication breakdowns
- Failure to follow safety protocols
Medication and Prescription Errors
Medication errors are another type of medical malpractice. These errors may include:
- Prescribing the wrong drug
- Incorrect dosage
- Failing to identify harmful drug interactions
Responsibility may fall on:
- Doctors
- Nurses
- Pharmacists
The World Health Organization (WHO), recognizes unsafe medication practices as both a leading cause of injury and an avoidable healthcare harm.
Birth Injuries and Obstetric Negligence
One subset of medical malpractice cases are related to birth. This is when errors occur during:
- Pregnancy
- Labor
- Delivery
For example, injuries such as brain damage or cerebral palsy can sometimes be associated with errors during birth.
Anesthesia Errors
Mistakes when administering anesthesia may lead to serious complications. These may include:
- brain injury
- cardiac issues
- death
Anesthesia mistakes often involve:
- incorrect dosing
- failure to monitor the patient
Hospital Negligence
Hospitals can be responsible for medical malpractice under certain circumstances. These generally include systemic failures such as:
- understaffing
- poor training
- unsafe procedures
Some commonly seen examples include:
- infections
- patient falls
- bedsores
- equipment misuse
Nevada Medical Malpractice Laws You Should Know
Nevada’s specific rules that govern medical malpractice include:
- strict deadlines
- damage limits
- procedural requirements
Failure to follow these rules may prevent a lawsuit from moving forward.
Statute of Limitations for Medical Malpractice in Nevada
The Nevada law NRS 41A.097 governs the statute of limitations for medical malpractice. Most Nevada medical malpractice cases generally must be filed within three years of the injury or two years from discovery, whichever occurs first. Older cases often limit discovery to one year.
Nevada’s Cap on Non-Economic Damages
In Nevada, non-economic damages in medical malpractice cases are capped. The limit was historically set at $350,000 and applies regardless of how many plaintiffs, defendants or legal theories are involved. The cap is increasing annually through 2028, when it will reach $750,000, and will continue to rise with inflation thereafter. Economic losses are not limited.
Key Requirement for Filing a Medical Malpractice Lawsuit
According to state law NRS 41A.071, medical malpractice cases in Nevada must be supported by an expert affidavit when filed. If it is not, the court must dismiss the case without prejudice. The affidavit must come from a provider in a similar field and must explain the claims, identify the providers involved, and detail the alleged negligence.
Evidence Required to Prove Medical Malpractice in Nevada
A Nevada law related to medical malpractice is NRS 41A.100.
Medical malpractice claims in Nevada generally rely on expert medical evidence to show both a breach of the standard of care and causation.
This may include testimony from a qualified expert, medical publications, or healthcare regulations. The expert must practice in a substantially similar field.
In some situations, such as wrong-site surgery or injuries outside the procedure area, negligence may be presumed. Expert testimony may still be used to evaluate causation.
Who May Be Liable for Medical Malpractice?
Malpractice claims do not always point to one person. Care is shared across a team, and more than one party can play a part in an injury.
It is important to find every liable party. Each one may carry separate insurance, which can affect a claim.
Doctors and Surgeons
Liability can arise when a doctor fails to correctly identify a condition or delays a diagnosis. Surgical mistakes can also lead to serious injury. Prescribing the wrong treatment or unsafe medication may place responsibility on the physician.
Hospitals and Medical Facilities
A hospital may be held responsible for the actions of its staff during patient care. Problems with internal rules or unsafe practices can also lead to harm. Poor supervision of medical workers may allow errors to go unchecked.
Nurses, Pharmacists, and Other Healthcare Providers
When nurses or pharmacists do not follow proper steps, harm can result. Wrong medication or treatment may be given. Technicians and specialists may also be responsible for testing or care errors.
Were you or a loved one injured in a Medical Malpractice incident in Nevada?
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Aaron was awesome!! Met me on Saturday morning the day after an accident to get things rolling. He said we had a case, just need to be patience and things will work out. After countless PT trips, surgery, and mri's my body is back to where it was...I am not the most patience person, so I appreciate Aaron and his colleagues dealing with me and getting the maximum that was available..Local people who care about locals!!!!! I HIGHLY recommend Winder law firm.
Joe Lewis
Las Vegas, NV
My experience with the Winder Law Firm was excellent. He truly cared for my well being and was present every step of the way, until my case was resolved. I highly recommend Aaron and his team.
Sandra Deleon
Las Vegas, NV
Disclaimer: Legal outcomes vary. Past results do not guarantee future outcomes.
How Medical Malpractice Cases Are Proven
Nevada law requires certain elements to prove malpractice. Most claims follow a four-part structure.
Doctor-Patient Relationship
The patient needs to show the provider agreed to take part in their care. That includes treatment or advice.
Breach of the Medical Standard of Care
The plaintiff must show the provider did not act as a competent medical professional would in a similar case.
Causation and Injury
The patient must link the provider’s conduct to the harm. The negligence must cause the injury or play a role in making it worse.
Damages
There must be proof of real harm. This can include medical expenses, lost income, or disability tied to the injury.
Compensation Available in Medical Malpractice Claims
A medical mistake can lead to more than a health problem. It can create financial strain and disrupt daily life. A malpractice claim allows a person to seek payment for both.
Settlement Disclaimer: Past results do not guarantee future outcomes. Each case is unique, and compensation depends on individual circumstances.
Economic Damages
Some losses are easy to track because they are directly tied to a dollar amount. These are known as economic damages.
Medical bills tied to the injury are part of the claim. Rehab and follow-up care can add to that cost. Time away from work can cut into income. In some cases, the injury affects what a person can earn later on.
Non-Economic Damages
Some damages people affected by medical malpractice claims in Nevada may claim are called non-economic damages. These are damages that aren’t necessarily measurable with a dollar amount.
This kind of harm is personal. Pain can affect how a person feels each day. Emotional distress can come after a serious injury. Loss of enjoyment of life reflects limits on normal activities.
Wrongful Death Damages
If malpractice leads to death, family members can seek damages. These claims can include funeral costs. They can also include the loss of care, support, and companionship.
What to Do If You Suspect Medical Malpractice
If you think you or a loved one has been affected by medical malpractice, that is a serious matter.
A concern about your care should not be ignored. Focus on your health first. At the same time, take steps that help protect your legal rights.
Seek Medical Attention and a Second Opinion
First off, get medical care to deal with any issues that you fear are impacting your health. Especially make sure to watch for changes in your condition.
Then, it can be helpful to see another provider. A second opinion can offer a fresh look at the issue.
Request and Preserve Medical Records
Obtain your medical records as soon as possible. This includes hospital records, test results, prescriptions, and doctor notes. Keep copies for reference, especially if you plan to file a lawsuit, they may come in handy later.
Speak With a Medical Malpractice Lawyer
A lawyer can look at what happened and assess whether or not they think malpractice may have occurred. They can also check if they think the case meets Nevada’s legal requirements.
This is just a suggestion, getting a lawyer is a personal decision and you are not required to do so.
How a Las Vegas Medical Malpractice Lawyer Can Help
These cases often involve complex medical details. Records can be long and difficult to follow. Expert input is often needed to explain what proper care requires. At the same time, hospitals and insurers defend claims to reduce what they pay.
Investigating the Medical Error
A lawyer reviews medical records to find gaps or mistakes. Treatment timelines are studied to see how decisions were made. Hospital procedures are also checked to confirm whether proper steps were followed.
Working With Medical Experts
Lawyers work with outside medical experts to review the case. These experts assess whether care met accepted standards. Research notes that expert witnesses help juries understand these standards. Both sides use expert testimony to explain their views.
Negotiating With Insurance Companies
Most doctors and hospitals have malpractice insurance. Insurance companies and defense attorneys try to limit what gets paid. Discussions often center on reducing financial exposure.
Litigating Complex Medical Malpractice Claims
If the parties to a lawsuit cannot agree to a settlement, then the case may move on to trial. Litigation can include these stages:
- discovery
- motions
- trial proceedings
Speak With a Las Vegas Medical Malpractice Lawyer
Do you believe medical negligence caused harm to you or a loved one? If so, you can request a free consultation with our Las Vegas law firm here.
Where is Winder Law Firm’s Office?
Come see us, we are located at:
7785 W Sahara Ave Suite 100, Las Vegas, NV 89117
Were you or a loved one injured in a Medical Malpractice incident in Nevada?
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The content on this page has been reviewed for legal accuracy by Attorney Aaron A. Winder. This content is for informational purposes only and not legal advice. It is not a substitute for professional legal counsel. Winder Law Firm does not guarantee this website content’s accuracy, completeness, or relevance. This website may contain inaccuracies, typographical errors, or outdated information and does not necessarily reflect the firm’s or its employees’ opinions. Consult an attorney for legal guidance.
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Attorney Aaron A. Winder, owner of Winder Law Firm, received this award in Advanced Criminal Procedure while studying at Gonzaga University School of Law.
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