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Dealing with the aftermath of medical malpractice in Las Vegas, NV, extends far beyond physical injuries. Let our Las Vegas medical malpractice lawyers at  De Castroverde Accident & Injury Lawyers handle your claim so you can focus on healing. Call today at (702) 222-9999 for a free consultation.

To us, you’re not just another case. You’re a neighbor in need, a friend waiting to be heard, and a member of our Las Vegas community that we’re sworn to serve. With us, you’re backed by a law firm skilled in cutting through red tape and demanding justice.

We’ve been serving clients in the Las Vegas area since 2005, and we’ve recovered hundreds of millions of dollars for our clients in cases involving Las Vegas car accidents, Las Vegas motorcycle accidents, construction accidents, Las Vegas medical malpractice cases, and more.

To us, you’re not just another case. You’re a neighbor in need, a friend waiting to be heard, and a member of our Las Vegas community that we’re sworn to serve. With us, you’re backed by a law firm skilled in cutting through red tape and demanding justice. We’ve been serving clients in the Las Vegas area since 2005, and we’ve recovered hundreds of millions of dollars for our clients.

How De Castroverde Accident & Injury Lawyers Can Help You Win Your Medical Malpractice Claim in Las Vegas

How De Castroverde Accident & Injury Lawyers Can Help You Win Your Medical Malpractice Claim in Las Vegas

The medical establishment is powerful, and it’s not easy to take it on. That doesn’t deter us, however – here at De Castroverde Accident & Injury Lawyers, we have assembled an award-winning team of attorneys and legal professionals.

Our Las Vegas injury attorneys have been showered with professional recognition, including:

  • Best Lawyers in America: Ones to Watch
  • Super Lawyers’ Rising Stars
  • Martindale-Hubbell’s AV Preeminent Peer Review Rating
  • Martindale-Hubbell’s Platinum Client Champion Award
  • Avvo’s 10 Rating
  • Avvo’s Clients’ Choice Award
  • Nevada Business Magazine’s Legal Elite

We are well-known for our track record of success. The mere knowledge that you have retained us to represent you is enough in many cases to trigger an “attitude adjustment” in the hearts of stubborn insurance adjusters. A lawyer who is familiar with medical malpractice cases can help you in ways that ordinary personal injury lawyers can’t. Some of the services we can perform on your behalf include:

  • Analyzing your medical records: Meticulously reviewing your medical records to uncover evidence of negligence or deviations from the applicable standard of care.
  • Working with medical expert witnesses: Identifying and working with medical experts who can testify in your favor.
  • Negotiating with medical malpractice insurance companies: This role requires a strong grasp of the legal and scientific principles involved.
  • Applying our knowledge of medical statutes and regulations: Applying in-depth knowledge of the law governing medical practice.
  • Managing your risk: Advising you on risk mitigation strategies, including settlement options that consider your anticipated future medical expenses.
  • Managing specialized evidence-gathering processes: Handling specialized pretrial discovery processes involving medical institutions and personnel.
  • Presenting your case at trial: Presenting complex medical issues to a jury in an understandable and compelling manner.

By leveraging our specialized skills and experience, we can comprehensively address the unique challenges of your case. Contact us today in Las Vegas, Nevada, to schedule your free case review.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that falls below the accepted standard of care in the medical community. Since healthcare providers don’t have to be perfect, not every mistake constitutes medical malpractice. There is a strictly enforced minimum standard, however.

What’s Unique About Medical Malpractice Claims in Las Vegas?

The special considerations that apply specifically to medical malpractice claims and not necessarily to personal injury claims in general include:

  • Scientifically complex medical issues: Medical malpractice cases require an understanding of complex medical issues. These issues may necessitate specialized knowledge and expert testimony that is not always relevant in other types of personal injury claims.
  • Professional reputation: The potential damage to a healthcare provider’s reputation is a unique concern in medical malpractice cases.
  • Involvement of multiple defendants: Medical malpractice claims often involve multiple defendants with varying degrees of exposure. This can complicate jury decisions and make early or partial settlements through mediation more appealing.
  • Jury selection difficulties: The challenge of selecting an appropriate jury is heightened in medical malpractice cases due to the need for jurors who can understand complex medical issues but who may have preconceived notions about the medical community.

These factors are more pronounced in medical malpractice due to the nature of healthcare delivery and the professional stakes involved for practitioners.

The legal elements of a medical malpractice claim arise out of the basic elements of negligence claims, with a few modifications:

  • A doctor-patient relationship must exist. Such a relationship might be absent, for example, if a doctor was merely acting as a “Good Samaritan” at the scene of a traffic accident.
  • A professional duty of care. Just about every adult owes everyone else a duty of care. A doctor’s professional standard of care in treating their patients, however, is much more stringent and specific. You might need an expert witness to establish this standard, since so much depends on individual circumstances.
  • The defendant breached their duty of care. They either did something they shouldn’t have done, or they failed to do something they should have done. You often need an expert witness to determine whether the defendant breached their duty of care. 
  • The victim suffered physical harm. A mistaken diagnosis that causes distress but does not result in physical harm is not enough to support a medical malpractice claim.
  • The defendant’s breach of duty was the factual cause of the plaintiff’s harm. In other words, the harm would not have occurred if the defendant had not breached their duty of care.
  • The harm that the victim suffered was a foreseeable consequence of the defendant’s negligence. “Freak accidents” do not generate liability, because it is unfair to hold a defendant liable for an unpredictable occurrence.

If the victim dies from the harm they suffered, the claim changes from a personal injury claim to a wrongful death claim.

Common Forms of Medical Malpractice

Following is a listing of some of the most common forms of medical malpractice:

  • Anesthesia errors: Administering too much, too little, or the wrong type of anesthesia.
  • Childbirth injuries: Injuries to a child or mother during pregnancy or delivery, including cases of cerebral palsy and Erb’s palsy.
  • Communication errors: Miscommunications between different healthcare providers regarding patient care.
  • Emergency room errors: Mistakes made under the pressure and fast-paced environment of an ER.
  • Failure to act on test results: Ignoring or misinterpreting the results of tests.
  • Failure to monitor a patient: Not properly observing a patient’s progress or vital signs.
  • Failure to obtain informed consent: Not fully informing a patient of the risks of a procedure or treatment, and not getting their explicit consent.
  • Failure to perform appropriate tests: Not ordering tests that would be standard for the symptoms presented.
  • Failure to recognize symptoms: Overlooking the signs of a serious condition such as a heart attack or a stroke.
  • Failure to treat: Not providing appropriate treatment for a diagnosed condition.
  • Hospital infections: Infections acquired in a hospital due to poor sanitation or protocols.
  • Improper treatment: Using a treatment that is not recognized as standard or accepted by the medical community.
  • Inadequate staffing: Harm resulting from hospitals or clinics not having enough qualified staff to adequately care for patients.
  • Medical product liability: Using defective medical devices or implants.
  • Misdiagnosis or delayed diagnosis: Failing to diagnose a condition correctly and promptly.
  • Nursing home neglect: Poor care or abuse in a nursing home setting leading to injury or death.
  • Poor follow-up or aftercare: Not providing necessary care after treatment or surgery.
  • Prescription drug errors: Prescribing the wrong medication or dosage.
  • Premature hospital discharge: Releasing a patient from the hospital too soon without proper follow-up care.
  • Surgical errors: Mistakes made during surgery, such as operating on the wrong body part.

None of the foregoing errors will qualify the victim for punitive damages, even if they do amount to gross negligence. To qualify for punitive damages, the defendant’s behavior must have been “willful, wanton, and malicious.” 

Nevada’s “Affidavit of Merit” Requirement

In response to a flood of frivolous medical malpractice lawsuits, Nevada applies an “affidavit of merit” requirement as a prerequisite to a medical malpractice lawsuit You must file an affidavit of merit along with your initial lawsuit complaint, or the judge will dismiss your complaint (until you amend it to include an affidavit of merit.

The affidavit of merit must be submitted by an expert witness who practices in a “substantially similar” area of medicine as the defendant (cardiology, for example). The affidavit must identify each healthcare provider named in the complaint, state the allegations of medical malpractice that appear in the complaint, and support these allegations.   

The Statute of Limitations Deadline To File a Medical Malpractice Lawsuit in Nevada

In Las Vegas as well as elsewhere in Nevada, you must file a lawsuit, if at all, within two years from the date that you discover or should have discovered the malpractice, or three years from the date the malpractice occurs, whichever is sooner.

However, there are exceptions for some cases; it can be complex to determine the statute fof limitations for a medical malpractice lawsuit. Contact our legal team as soon as you can to preserve your rights.

Schedule a Free Initial Consultation With Our Las Vegas Medical Malpractice Attorneys Today

The sooner you get started seeking justice, the greater your chances of receiving every dime your claim is worth. And don’t worry about legal fees as long as your claim is strong. We charge no upfront fees and nothing, ever, unless we win compensation for your claim. Reach out to our experienced Las Vegas medical malpractice attorneys today to set up your free consultation.

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Areas We Serve

At De Castroverde Accident & Injury Lawyers our personal injury lawyers serve the following localities: Angel Park, Anthem, Boulder City, Downtown Las Vegas, East Las Vegas, Gibson Springs, Green Valley, Henderson, Lake Las Vegas, MacDonald Ranch, McCullough Hills, Mission Hills, Paradise, Peccole Ranch, Queensridge, Reno, Seven Hills, Smoke Ranch, Spring Valley, Summerlin, The Lakes, The Strip, Whitney, and more.
We also represent accident victims in Oakland, CA.

About Our Firm

De Castroverde Accident & Injury Lawyers, located in Las Vegas, NV, is a personal injury law firm established over 30 years ago.
We have 100+ years of combined experience securing hundreds of millions for injured people throughout Nevada. If you’ve been injured due to someone else’s negligence, contact us today to discuss your case.

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