Medical malpractice occurs when you or someone you love sustains an injury due to the negligent act of a nurse, doctor, dentist, chiropractor, or any other healthcare professional or hospital. You can legally file a claim against the negligent party to receive compensation for your damages. The money you receive can pay for your medical treatment and other costs necessitated by the injury, including pain and suffering.

Filing a medical malpractice claim is a complex process in Las Vegas. But you can enjoy a seamless process if you engage the help of a skilled personal injury attorney. But before the filing process, your attorney will study the details of your case to advise you on your options. They will also explain the process to ensure you understand what to expect with each process. Here are some of the most critical issues to note if you plan to file a medical malpractice claim in Las Vegas.

What the Law Considers Medical Malpractice

NRS 41A.015 considers any medical-related professional negligence as medical malpractice. It could happen if a professional healthcare provider or hospital does something or neglects to do something, causing you to sustain an injury. According to this law, medical malpractice occurs when a healthcare provider or facility fails to use reasonable care, knowledge, or skills needed in similar situations by professionals with the same training and experience.

Judges consider reasonable medical standards when deciding these cases. For example, what the current norms are and how a reasonable person with the same professional responsibility would have acted under the circumstances.

Example: A doctor has prescribed medicine A to diabetic patients for fifteen years. Two years ago, the FDA announced that the medicine was causing severe side effects. The doctor stops prescribing that medicine and looks for an equally effective alternative. In this case, the doctor is not guilty of medical malpractice for prescribing medicine A to patients, a drug that possibly caused them severe side effects. Initially, he was not aware that the medicine had severe side effects. Immediately after learning about the severe consequences, he switches to a safer alternative.

If, even after learning about the FDA’s warning, the doctor continues to prescribe medicine A to his diabetic patients, he could face a medical malpractice lawsuit if any of his patients suffer severe side effects due to the drug. Continuing to prescribe a dangerous medication to patients after an FDA warning is considered medical negligence.

Here are examples of circumstances that could result in a medical malpractice lawsuit:

  • Failing to obtain informed consent from a patient or the patient's family (in case of a minor or mentally challenged patient) to perform a medical procedure.
  • Failing to refer a patient to a specialist who can offer better treatment and medical care to a patient in dire need.
  • Failing to treat and care for medical complications causes the patient to suffer more injuries or death.
  • Failing to properly diagnose a patient, resulting in treatment for a different medical issue than the one they are suffering from.
  • Failing to offer to treat a patient when they come seeking help.
  • Failing to oversee agents or employees, ensuring that they provide quality services to patients at all times.
  • Failing to render the proper medical care.
  • Wrongful prescription or prescribing the wrong dose or medicine.
  • Causing wrongful death when performing a medical operation.
  • Causing a wrongful birth or causing parents to have a child with a disability.

Limits to Damages in Medical Malpractice Lawsuits

Personal injury laws typically compensate for damages sustained through another person’s negligent acts. However, some regulations limit the damages a plaintiff can claim through a civil court. Medical malpractice lawsuits in Nevada do not have such limits on economic damages. You can include all your monetary damages in your claim, including present and future medical costs, caregiver services, lost wages, and lost earning ability. You could receive total compensation for all the damages for which you have incurred a direct loss of funds.

But remember that the success of your medical malpractice claim will depend on several factors, including when and how you file your case in court. You need the guidance and help of a skilled personal injury attorney to ensure that your claim meets all the requirements and is filed within the given deadlines. Here are examples of economic damages you could recover after successfully filing a medical malpractice claim in Nevada:

Medical Costs

Medical malpractice will likely leave you with a physical injury for which you will require medical treatment. The extent of the injury will determine how long you will need medical care and how much you need to pay for your medical needs. Some physical injuries heal after treatment, while others require you to take medication or depend on therapy for the rest of your life. Your attorney will guide you in determining your medical damages based on your medical records and doctor reports.

If medical malpractice causes you a devastating illness like cancer, treatment will be very costly. You also need continued treatment to fight the disease or live a near-normal life. It is advisable to include your current medical costs and what you expect to pay for treatment in the future in your claim. If the court grants your petition, the responsible party will compensate you for all your medical needs.

Lost Wages

You incur these damages when an injury you sustain after medical malpractice causes you to miss a few days, weeks, or months of work. If you are employed and cannot go to work for some time due to your injury, you calculate the amount of money you could have made during the period you missed work and include it in your claim. Recovering lost wages ensures you can cater to your needs as comfortably as possible if you did not suffer the injury.

Note that you must provide evidence of lost wages to support your claim. If the judge grants your claim, the negligent party will compensate you for all the wages you have lost due to the injury.

Lost Earning Ability

Some injuries from medical malpractice can impact a plaintiff’s ability to engage in gainful employment in the future. If that is your case, you are entitled to damages for lost earning ability. You need compensation for these damages to cover your needs since you can no longer earn a living.

Other Out-Of-Pocket Expenses

Keeping track of all out-of-pocket expenses you incur after a medical malpractice injury is essential to including them in your claim. You can also attach receipts and other forms of evidence to support your claim. However, your damages under this category must be directly related to the injury—for example, over-the-counter drugs, caregiver services, and transportation costs to and from the hospital.

Even though Nevada does not have a cap or limit on economic damages, a limit exists on non-economic damages you can include in your claim. Currently, the law only allows plaintiffs to seek a maximum of $350,000 in non-economic damages in a medical malpractice claim. Examples of damages you can include under this category include the following:

  • Suffering and pain.
  • Physical impairment.
  • Lost enjoyment in life.
  • Any other damage you cannot calculate.

Note: Medical malpractice claims' cap on suffering and pain damages increases yearly. For example, in 2024, it is expected to stand at $430,000, and in 2025, at $510,000. From 2029 on, the limit will go up by 2.1% every year. An experienced personal injury attorney can help you understand your limit and what you can include under non-economic damages in your claim.

Most medical malpractice lawsuits do not end up in civil courts. The responsible parties and plaintiffs agree on an out-of-court settlement to save money and time. While that could be an excellent idea, you must ensure that the compensation you agree to equals the damages you have sustained. If the responsible party’s offer is below what you deserve, filing a lawsuit in court is advisable. Your attorney can help you negotiate a reasonable settlement. They will also advise you on your decision, depending on the offer you receive from the liable party.

Insurance providers use all kinds of tricks to avoid paying total compensation. Remember that they are in business to cut costs and make profits. For example, an insurance company can only make you an offer once you are about to run out of time, according to the available statute of limitations. An experienced personal injury attorney understands all these tricks and strategies and will act quickly to ensure your best interests are served.

Possible Liable Parties in a Medical Malpractice Case

Once you establish your damages and determine the amount to include in your claim, you must specify the party responsible for your injury. That will be the person you file your claim against. Understanding possible liable parties in medical malpractice lawsuits is necessary, as it helps you narrow your options to the party whose negligent acts caused your injuries. Here are some of the parties you should consider:

  • Physicians or doctors, including general practitioners, surgeons, and specialists.
  • Physician assistants or PAs.
  • Nurses, or APRNs.
  • Clinics, surgery centers, hospitals, and any other healthcare facility.
  • Dentists.
  • Hygienists.
  • Chiropractors.
  • Optometrists.
  • Occupational or physical therapists.
  • Medical lab technicians and directors.
  • Dieticians.

You can file a claim against an individual or their employer, depending on the circumstances of your case. For example, if a healthcare facility contributed to a physical therapist’s negligence, the liable party would be the healthcare facility. A skilled personal injury attorney will help you determine the responsible party and how they caused your injury.

Filing a Medical Malpractice Lawsuit

It is necessary to prepare your claim first before filing it. That way, you can ensure you have all the documents and supporting evidence you need to file a successful claim. You could also allow the liable party to make you an out-of-court offer. If their offer is good, you will not need to file a lawsuit in civil court. But if the liable party is unwilling to settle the matter out of court, you can proceed with the court case.

The law provides detailed guidelines for filing a medical malpractice lawsuit in Nevada. You must follow these guidelines to avoid having your claim thrown out of court. Your claim must also satisfy five main elements for the judge to grant your petition. These elements are as follows:

Duty of Care

You must demonstrate that the liable party owed you a duty of care. You must show that the responsible party had a legal obligation to adhere to a particular standard of reasonable care while serving you. That way, they could have avoided careless acts that caused your injuries. For example, medical practitioners have a legal duty of care for all the patients they receive. They must offer quality and timely care to prevent foreseeable harm.

You must also demonstrate that the liable party had a specific duty to use prudence, diligence, and skills like everyone else in their profession. The judge will consider how a reasonable person with the same skills and experience would have acted under similar circumstances. If there is evidence that the liable party failed to use reasonable care, they will be responsible for your injuries.

Breach of Duty

You will also demonstrate that the liable party breached that duty of care to cause your injuries. Here, you will go into the details of how the defendant failed in their duty of care and how their failure caused your injuries.

For example, if the FDA issues a warning against a particular drug, physicians must act immediately to avoid causing their patients problems. A physician who ignores the warnings and continues prescribing the medication breaches their duty of care to their patients. That is what makes them liable for their patients’ resulting injuries.

Resulting Injury

You will also demonstrate that the liable party’s breach of duty of care caused your injuries. Your injuries must directly relate to the responsible party’s actions or inactions. For example, a wrong diagnosis that worsened your health situation or an incorrect diagnosis that caused severe side effects.

Sustained Damages

Lastly, you must demonstrate how your injury caused the damages you have in your claim. You must relate all the damages in your claim to the injury. For example, if you have a list of the medical costs you incurred, you must explain how those costs came about and provide proof (like hospital receipts) to support your claim.

If you seek compensation for lost earning capacity, you must demonstrate how your injuries make it impossible for you to engage in gainful employment.

Some medical malpractice injuries are not experienced until months or years after the negligence act. That could cause you a challenge when demonstrating that a liable party’s negligent actions that happened some time back caused you a current injury. In this case, you will need a medical report or affidavit from a medical expert explaining the likely cause of your injury. If the report shows that your injury is due to the defendant’s negligence and not natural causes, the judge can grant your claim.

Note that judges rely on the evidence you provide to give a verdict. The defendant will also provide evidence and testimony to counter your claim. You need to build a solid case against the liable party to improve your chances of winning.

The Time Limits for Filing a Medical Malpractice Case

The statutes of limitation provide time limits within which you must bring a personal injury lawsuit against a liable party. You must file a medical malpractice lawsuit against a doctor in Nevada within three years. If you discovered your injuries years after the negligence, you must file a lawsuit within two years of finding your injuries.

In cases involving a young victim who sustained a congenital disability or brain damage at birth, they have up to their tenth birthday to bring a lawsuit against the responsible party.

Statutes of limitations are set to encourage plaintiffs to seek compensation for their damages before their cases become stale, evidence disappears, or memories fade. If you file your case after the given time limits, the judge will dismiss it. That takes away your right to the compensation you deserve.

Find an Experienced Personal Injury Attorney Near Me

If you or someone you love has suffered damages through medical malpractice in Las Vegas, you can recover your damages through a medical malpractice lawsuit. However, the legal processes involved are complex. You need legal help to prepare and file your claim and to navigate the court processes.

We handle all personal injury cases at the Las Vegas Personal Injury Attorney Law Firm. We can begin by studying your case to explain your options. Then, we can help you gather evidence, prepare the required paperwork, and negotiate with the defendant for an out-of-court process. If that does not work, we will ensure you file your claim in court within the deadline. We aim to provide you with the best possible outcome for your case. Contact us at 702-996-1224 for advice and legal guidance in fighting for your deserved compensation.