Las Vegas Medical Malpractice Lawyers
Have you or a loved one suffered due to a medical professional’s negligence? Are you overwhelmed by the thought of navigating the complex world of medical malpractice lawsuits? You are not alone. Medical malpractice cases can be intricate and daunting, but with the right legal team from Christian Morris Trial Attorneys by your side, you can seek the justice and compensation you deserve.
We understand how traumatic it can be when medical procedures do not go as planned or when a trusted healthcare provider fails to deliver the standard of care you deserve. The physical pain, emotional, and financial toll can be overwhelming. But remember, you have rights. If a healthcare provider’s negligence has caused you harm, you are entitled to seek compensation for your injuries, loss of income, and other damages.
That’s where we come in. At Christian Morris Trial Attorneys, we specialize in personal injury cases, including medical malpractice. Our experienced Las Vegas medical malpractice lawyers have the knowledge and resources to handle the complexities of these cases, allowing you to focus on your recovery. We are committed to fighting for your rights and ensuring you receive the compensation you deserve. Don’t let the intimidating prospect of a lawsuit stop you from seeking justice.
We Are Here To Answer Your Las Vegas Medical Malpractice Questions
Understanding Medical Malpractice in Las Vegas
Medical professionals, such as physicians, nurses, and pharmacists, are among the most common healthcare providers cited in medical malpractice lawsuits. Understandably, hospitals and insurance companies can be challenging and assertive when confronted with a lawsuit. The importance of a top medical malpractice attorney becomes crucial in these cases, given the complex nature of medical malpractice law and the numerous details it entails.
What is Medical Malpractice?
Medical malpractice is a form of professional negligence where a healthcare provider’s conduct fails to meet the accepted standard of care, resulting in injury or death to a patient. The standard of care is determined by assessing the quality of care that another qualified medical professional would have provided in a similar situation. Some examples of medical malpractice include:
Failure to diagnose or misdiagnosis.
Surgical errors or wrong site surgery
Improper medication administration
Failure to obtain informed consent.
Negligence in the context of medical malpractice refers to carelessness or a failure to meet the expected or accepted standards of care in providing medical treatment. Establishing negligence is a fundamental aspect of any medical malpractice lawsuit, as it establishes the healthcare provider’s liability for the harm caused to the patient.
Common Types of Medical Malpractice Cases
The most frequent medical malpractice cases include:
Misdiagnosis: This can lead to incorrect treatments, delayed treatments, or a lack of treatments altogether.
Surgical errors: These can result in infections, organ damage, and even mortality.
Medication mistakes: These can cause incorrect dosages, wrong medications, or even allergic reactions.
It is crucial to understand that medical malpractice cases can be complex and require the expertise of medical malpractice attorneys to navigate the legal process and seek medical malpractice compensation. With an experienced legal team by your side, you can focus on your recovery while your medical malpractice attorneys work tirelessly to protect your rights and seek the justice you deserve.
Proving Medical Negligence
To prove medical professional negligence in medical malpractice claims, you must establish the presence of a doctor-patient relationship, a breach of the standard of care, and the existence of causation and damages. In Las Vegas, a doctor-patient relationship is established when a patient seeks treatment or consents to treatment by a medical professional.
A breach of the standard of care in medical malpractice cases in Nevada is defined as a failure to meet the accepted industry standard of care, which could include any acts or omissions that deviate from what a reasonably competent healthcare provider would do in a similar situation. Causation is established by demonstrating that the healthcare provider’s breach was the direct cause of the patient’s injury.
Finally, demonstrating damages is the concluding step in establishing medical negligence. Proving each of these elements is essential to building a strong medical malpractice case and successfully seeking compensation for the harm caused by the healthcare provider’s negligence.
In Nevada, medical malpractice claims are governed by specific statutes and regulations. Understanding these laws is crucial for victims seeking compensation for their injuries. Two key aspects of Nevada’s medical malpractice laws are the statute of limitations and the cap on noneconomic damages.
Statute of Limitations
The statute of limitations for filing a medical malpractice claim in Nevada is three years from the date of injury. Alternatively, it can be filed one year from the date of discovery of the injury – whichever occurs first. This means that victims have a limited time to take legal action and seek compensation for their injuries.
However, certain circumstances can extend this period. For instance, from October 1, 2023, patients will have two years from the date of discovery of the injury or when they reasonably should have discovered it to file a claim.
It is advisable to seek advice from a Las Vegas medical malpractice lawyer to understand the particular circumstances that may be applicable to your case.
Under Nevada law, the damages that can be awarded in medical malpractice cases are categorized into two types: non-economic damages and economic damages.
Non-economic damages include compensation for:
Pain and suffering
Other non-pecuniary damages
Historically, the cap on non-economic damages in medical malpractice claims in Nevada has been limited to $350,000. However, Nevada Legislative Bill AB404 was signed into law in June 2023. This bill increases the cap on non-economic damages for medical malpractice claims by $80,000 per year until January 1, 2028, when the limit reaches $750,000. Beginning January 1, 2029, the limit will continue to increase by 2.1% each year.
On the other hand, economic damages, such as medical bills, expenses, and lost wages, are not capped in Nevada. This means that a person can recover the entire amount of economic damages incurred.
Staying informed about any alterations to the cap on non-economic damages is crucial, as it may fluctuate over time. Navigating damage caps can be challenging, and working with an experienced medical malpractice attorney in Las Vegas can help ensure you receive the maximum compensation allowed under Nevada law.
Navigating Nevada's Medical Malpractice Laws
How to File a Medical Malpractice Claim in Las Vegas?
Filing a medical malpractice claim in Las Vegas may seem overwhelming, but with the right guidance and resources, it is manageable. The process involves gathering evidence, consulting with experts, and submitting an affidavit of merit.
By understanding the process and taking appropriate action, you can ensure that you receive the compensation you deserve for the harm caused by a healthcare provider’s negligence.
The process of filing a medical malpractice claim
Collecting evidence forms the fundamental first step in lodging a medical malpractice claim. This typically involves:
Obtaining medical records
Engaging expert testimony
Procuring test results
Collecting witness statements
Obtaining other pertinent documentation
Consulting with experts is crucial in constructing a medical malpractice claim, as they offer impartial views concerning the standard of medical care, illustrate how the defendant failed to meet that standard of care, and demonstrate the damages.
An affidavit of merit is a sworn statement that confirms the legitimacy and strength of a medical malpractice claim. It is usually necessary in medical malpractice cases as part of tort reform initiatives. The affidavit is provided by a medical expert witness who affirms the merits of the claim, including:
The expert’s qualifications
Knowledge of the pertinent standard of care
Reasonable grounds to believe that the applicable standard of care was violated.
Steps to take after experiencing medical malpractice
Following an instance of medical malpractice, it is important to take the following steps:
Seek legal advice to understand your rights and options.
Obtain new medical treatment to address any complications or injuries caused by the malpractice and prevent further harm.
Document your experiences and gather any evidence related to the malpractice.
Acquire your medical records by contacting the medical records department of the hospital you visited or reaching out to the doctor’s office directly.
By following these steps, you not only safeguard your rights but also ensure you receive the necessary care and support in the aftermath of a medical malpractice incident.
A comprehensive record of your experiences, including any pain, suffering, and medical treatments received, can be vital when building your medical malpractice case. By taking these steps, you can ensure the best possible outcome for your case and secure the compensation you deserve for the harm caused by the healthcare provider’s negligence.
A medical malpractice lawsuit typically involves several stages. This legal process is not a simple one, it’s a marathon, not a sprint. It requires patience, resilience, and strong legal representation backing you up.
Investigating the case and consulting with an attorney
This is where you discuss the details of your case, your attorney will ask about your medical history, the treatment you received, and the harm you believe was caused due to medical negligence.
Filing a complaint
This is a formal statement that outlines your claims against the healthcare provider and initiates the lawsuit. It’s the official start of your legal journey towards justice.
The Discovery Phase
This is where both parties gather evidence and information. It’s a bit like a fact-finding mission. Both sides will exchange information about the witnesses and evidence they plan to present. This could include medical records, testimonies from medical professionals and experts, and more.
Pre-trial Negotiations and Settlement Discussions
Here, both parties may try to reach an agreement to avoid going to trial. If a settlement is reached, the case ends. If not, the case proceeds to trial.
During the trial, both parties present arguments and evidence. This is where your legal team will shine, presenting a compelling case on your behalf.
Verdict is Reached by the Judge or Jury
After all the evidence is presented and closing arguments are made, a verdict is reached. This is the decision on whether the healthcare provider was negligent and if that negligence caused your injury.
If the verdict is not in your favor, an appeal may be filed. This is a request to a higher court to review and change the decision of the lower court.
What to Expect in a Medical Malpractice Lawsuit?
Christian Morris Trial Attorneys is a top personal injury law firm in Nevada. They provide comprehensive services, including case evaluation, negotiation with insurance companies, and litigation support. Their experience and expertise in handling medical malpractice cases can be invaluable in navigating the complexities of the legal process and seeking compensation for your injuries.
By understanding the advantages offered by our legal team, you can make an informed decision about the best course of action for your medical malpractice case.
Case Evaluation and Investigation
Christian Morris Trial Attorneys conduct an exhaustive assessment of medical malpractice cases, including:
Reviewing medical records
Consulting with medical experts
Conducting independent medical evaluations to ascertain the extent of the injuries and damages
They analyze the applicable laws and regulations to determine the legal options available and assess the potential liability of the healthcare provider and any other parties involved.
Their thorough evaluation and investigation process allows them to craft a robust legal strategy based on the strengths of your case. By engaging Christian Morris Trial Attorneys, you can have confidence that your case is being handled by experienced professionals dedicated to obtaining the maximum compensation allowed under Nevada law.
Negotiating with Insurance Companies
Insurance companies can be challenging to deal with and may attempt to minimize the compensation they offer. Christian Morris Trial Attorneys are skilled in negotiating with insurance companies, ensuring fair compensation for their clients. Their experience in handling medical malpractice cases allows them to navigate the often complex and contentious negotiations with insurance companies.
By enlisting the legal representation of Christian Morris Trial Attorneys, you can trust that your best interests are being protected during the negotiation process, and your legal team will work tirelessly to obtain the compensation you deserve for the harm caused by the healthcare provider’s negligence.
Christian Morris Trial Attorneys provide comprehensive litigation support, including expert testimony, trial preparation, and aggressive representation in court. Their skilled legal team is committed to serving clients and presenting a strong and compelling case on your behalf, ensuring that your rights are upheld, and the responsible parties are held accountable for their negligence.
By choosing Christian Morris Trial Attorneys for your medical malpractice claim, you can rely on their expertise, determination, and proven track record of success in obtaining justice and compensation for their clients.
Why Christian Morris Trial Attorneys for Medical Malpractice claims?
If you or a loved one has suffered due to medical malpractice, contact Christian Morris Trial Attorneys today for a free consultation. Our experienced legal team will carefully evaluate your case and provide expert guidance on your legal options.
Don’t delay; call us at 702-434-8282 or submit our online form to discuss your medical malpractice case and explore the best course of action to secure the justice and compensation you deserve.
Contact Us Today For a Free Consultation
Frequently Asked Questions
Can you sue for medical malpractice in Nevada?
Yes, you can sue for medical malpractice in Nevada as long as the lawsuit is filed within three years of becoming injured or within one year of discovering the injury.
What constitutes medical malpractice in Nevada?
Medical malpractice in Nevada is defined as care by a physician that is inappropriate, unethical, substandard or negligent, and the patient can be eligible for compensation if they are able to prove negligence.
What are the damages for medical malpractice in Nevada?
Under the new law (AB404) taking effect in 2024, Nevada has a cap on medical malpractice damages of $350,000, which will increase by $80,000 every year for five years then continue to increase by 2.1% each year after. This is the maximum amount that the plaintiff may receive for noneconomic damages, regardless of the number of defendants.
What is the statute of limitations on malpractice in Nevada?
In Nevada, the statute of limitations on medical malpractice is one year from the date of injury discovery or three years from the date the health care provider inflicted the injury, whichever is sooner. Beginning October 1, 2023, patients will have two years from the date of discovery of the injury or when they reasonably should have discovered it to file a claim.