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Medical Malpractice In Nevada
Las Vegas Medical Malpractice Attorney
In America, more people die at the hands of doctors and other medical professionals due to medical malpractice than in traffic accidents and gun-related incidents. In fact, medical negligence is the third leading cause of death in the U.S., according to the Journal of the American Medical Association (JAMA), just behind heart disease and cancer.
At one point or another, we have all placed our trust and faith in a physician or hospital to provide the appropriate medical treatment in our time of need. And although there is never a 100% guarantee that a procedure will be successful, a medical professional must provide treatment that is in line with the accepted medical standard of care. Any deviation from this standard of care—whether through an action or inaction—can be considered malpractice.
If you have suffered a serious injury or lost a loved one tragically due to a healthcare provider’s negligence, we can help you seek legal recourse.
At the Law Offices of Michael I. Gowdey, Ltd., we provide strong advocacy and legal counsel to individuals and families victimized by medical malpractice. For more than 23 years, we have committed ourselves to helping these clients recover maximum compensation for any medical bills, lost wages, funeral expenses, and pain and suffering that were caused.
Call 702-471-0321 today to schedule a free consultation.
Examples of Malpractice may include:
Surgical errors (operating on the wrong body part, leaving surgical tools or foreign objects inside the body cavity)
- Administering too much or too little anesthesia
Obstetrical negligence/birth injuries (failure to respond to signs of fetal distress, failure to order a cesarean section when one was appropriate, incompetent use of forceps or a vacuum extractor, etc)
- Emergency room errors
- Misdiagnosis or delayed diagnosis of a serious medical condition (most common: breast cancer, lung cancer, colon cancer, heart attack, appendicitis)
- Psychiatric Malpractice
- Errors in prescribing or administering medication
- Failure to perform or properly interpret diagnostic tests, such as a CT scan or an MRI
- Failure to timely treat a serious medical condition
- Failure to properly disclose risks of a medical procedure; patient never gave informed consent
Who Can Be Sued in a Nevada Medical Malpractice Case?
In Nevada, a healthcare provider is considered any individual or entity that is licensed or authorized to perform medical treatment or services on patients. This may include:
- Hospital/Medical Clinic/Pharmacy
- Physical Therapist
- Orthopedic Surgeons
- Doctor of Oriental medicine
- Medical laboratory directors or technicians
- Licensed dietitians
- Assisted living center
Filing a Nevada Medical Malpractice Claim
Medical malpractice claims are extremely sophisticated and more complex than other negligent-based claims. Before you can even file a malpractice claim in Nevada, you must secure an affidavit from a medical expert who specializes in the same field as the healthcare provider who was negligent. The affidavit asserts that the medical expert has reviewed the facts of the case and determined that the applicable standard of care was breached and that the breach was the proximate cause of your injury.
At the Law Offices of Michael I. Gowdey, we have developed relationships with medical practitioners in almost every field of specialty and know how to solicit testimony to build a valid claim.
Nevada requires that all parties involved in a medical malpractice suit attend and participate in a settlement conference before a District Judge in an attempt to settle the case before going to trial.
How Long Do I Have to File a Medical Malpractice Claim?
The statute of limitations for medical malpractice cases in Nevada requires that you must file a claim within 3 years from the date of injury or 1 year from the date the injury was discovered or should have been reasonably discovered.
Are There Caps on Damages in Medical Malpractice Cases?
If you are successful in winning your medical malpractice case, the following rules apply to how much you can recover…
there is no limit on economic damage or financial losses, such as past medical expenses and future medical expenses, lost wages, or loss of earning capacity
- the maximum recovery you can receive in non-economic damages (pain and suffering) is $350,000
- the maximum recovery awarded in punitive damages is either $300,000 or three times the amount of the economic and noneconomic damages combined, whichever is lower.
Contact Our Nevada Medical Negligence Lawyer
If you or your loved one were injured while receiving medical care in Nevada, you may be entitled to file a medical malpractice claim against the doctor or medical facility that harmed you.
Contact our Las Vegas law firm today to schedule a free initial consultation.