Hospital errors and physician errors are becoming increasingly common, which has sparked more interest in medical malpractice claims in the state of Nevada. Whether you or a loved one has been injured, it is important that you understand the laws and the process of filing these claims. Most importantly, you should seek immediate counsel from an attorney. An attorney can assess your case and determine if you have a valid medical malpractice claim – as well as help you preserve necessary evidence.
Things to Consider First
When considering a medical malpractice claim, it is important that you realize there are complex laws that govern these types of claims – and an error by a physician does not automatically constitute malpractice. A few other things you must consider include:
- Physicians and medical professionals are highly regarded, trusted professionals. Medical professionals are easily trusted by the public. If your case goes to trial, you must realize that those in the jury will most likely give nurses, doctors and other health professionals the benefit of the doubt.
- Errors happen, but they are not always malpractice. To prove medical negligence, you must first show that your physician or medical care provider breached the standard level of care. If another physician would have had the same result, then you do not have a valid negligence claim.
- You will need to gather your records as soon as possible. If the error is not in the medical history or chart, it may be even more difficult to prove. This is why it is imperative you keep copies of your medical records and get copies as soon as you expect an error has occurred.
- You will need to identify individuals involved in your case. You will need to be able to explain individuals who were involved, what they said, and why they said the things they did. You must establish a story that shows the jury there was a true error.
- You have limited time to file your claim. There are statutes of limitations on injury claims. In Nevada, medical malpractice claims must be started within no more than three years after the injury has occurred or one year after you have discovered the injury. Typically, this means that you have one year to file because you reasonably should have known within a year that you suffered a legal injury. There are special exceptions for injuries to children. For example, a child suffering from a birth defect or brain injury can extend the limitation until the child reaches 10 years of age.
- There are damage caps on malpractice claims. The state of Nevada has significant caps on recoveries for medical malpractice claims. These can range from a limitation of $350,000 per non-economic damage to a limitation of $300,000 or triple the amount of compensation damages for punitive damage awards. Your attorney will advise you as to what damage caps apply to your case.
Were You Injured Due to Medical Negligence? Contact De Castroverde Law Group Today
If you or a loved one was injured due to medical negligence, the attorneys at De Castroverde Law Group can assess your claim. Meet with an attorney for a no obligation consultation by calling 702-222-9999 or by filling out an online contact form, our team of Las Vegas personal injury lawyers are ready to assist you.