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NEVADA MEDICAL MALPRACTICE

When a Nevada health care provider causes a patient injury because of his or her negligent treatment, the negligent treatment is known as Medical Malpractice (medical negligence or med mal). Treatment is negligent when the health care provider's care of a patient is less than the adequate standard of care practiced by medical professionals of similar experience and qualifications. If a patient has been injured as a result of this negligent treatment, they may be able to file a medical malpractice claim. There are several common kinds of actions that may lead to a medical negligence claim in Nevada:

  1. Mistakes in prescribing medicine or in filling prescriptions
  2. Injuries occurring at birth
  3. Treatment that is incorrect; lack of treatment where there should have been treatment
  4. Improper diagnosis (i.e., incorrect diagnosis of a heart attack or of cancer are common)
  5. Lack of a diagnosis

It may be useful to speak to a Nevada medical malpractice attorney if you have been injured by the negligent actions of a Nevada health care provider.

Who Can Commit Malpractice In Nevada?

Medical malpractice can be committed by any health care provider in Nevada. Health care providers include organizations or people authorized, certified, and/or licensed to provide medical or other healthcare services in Nevada. In Nevada, health care providers may include, among others, physicians, dentists, nurses, hospitals, assisted living facilities, chiropractors, and physical therapists. Concerns and queries about who is a medical provider can be addressed to and answered by a Nevada medical malpractice lawyer.

Nevada Medical Malpractice Statutes of Limitation

In Nevada, if you have an injury because of a health care provider's negligent care, you must file your claim for med mal by a precise deadline. Claims for medical malpractice must be brought within four years from the date of injury or the earlier of two years from the date of the injury or the date the injury should have been discovered. Failure to file your action for med mal within the appropriate statute of limitations period will result in your claim being barred and your inability to recover damages for your medical malpractice lawsuit.

When a claim for medical malpractice involves brain damage or birth defects in a child under age ten, the statute of limitations is extended until the child reaches age ten.

Discuss your case with a Nevada med mal lawyer to ensure that your case is filed on time and to avoid the barring of your claim.

Damages Limitations On Nevada Medical Malpractice Claims

Awards for compensatory and punitive damages are possible in Nevada. Compensatory damages are divided into economic damages (lost wages, medical bills), and non-economic damages (pain and suffering, loss of consortium, loss of companionship). In contrast, punitive damages are only awarded by a court if the provider of health care has acted with malice, oppression, or fraud, and are designed to punish the defendant.

In Nevada, non-economic damages are limited to $350,000, and punitive damages are limited to $300,000 or three times the compensatory damages awarded by the court. Talk to a Nevada med mal lawyer about potential medical malpractice damages in your med mal lawsuit.

How To File A Nevada Medical Malpractice Claim

An experienced Nevada med mal attorney can help you structure your lawsuit, properly file your med mal lawsuit and take care of any complex issues that may come up. For instance, medical malpractice cases can be intricate and may often necessitate the hiring of medical expert witnesses, taking depositions, and communicating with large insurance companies and the healthcare provider's experienced attorneys. In addition, depending on the case, several parties may have to be joined in the case as defendants, such as doctors, nurses, the hospital, or manufacturers of defective medical equipment. When med mal cases become this complicated, they also become expensive and drawn out. To avoid making mistakes in your case, complicating the process further, and/or lengthening the time necessary for a successful resolution, you should contact a Nevada medical malpractice lawyer to assist you with your medical malpractice lawsuit.

Nevada Revised Statutes

Nevada Medical Malpractice

  1. Who Can Commit Medical Malpractice In Nevada?
    1. Actions for Medical or Dental Malpractice, Chp.41A § 17.
  2. Nevada Medical Malpractice Statutes of Limitations
    1. Actions for Medical or Dental Malpractice, Chp.41A § 97.
  3. Medical Malpractice Damage Limitations in Nevada
    1. Actions for Medical or Dental Malpractice, Chp.41A § 35.
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