If you’re like most people, when you get sick or hurt, you turn to medical professionals such as doctors or nurses to feel better. Relying on their extensive training and experience to guide your return to good health makes sense. We trust that these medical professionals will help bring about improvements. After all, many medical schools ask doctors to pledge “to not harm.”
But it doesn’t always turn out that way. Doctors, nurses, and other professionals make mistakes; worse, some act recklessly, and negligence can have catastrophic results. If this has happened to you, consulting with an experienced medical malpractice attorney may be wise.
The De Castroverde Law Group team has extensive experience in medical malpractice, including misdiagnosis, incorrect prescriptions, surgical errors, pregnancy and childbirth injuries, and anesthesia mistakes. Please consult with our attorneys so we can assess your case and build a strategy to get you the compensation you deserve.
Medical malpractice doesn’t need to involve an intentional act. Nevada law defines medical malpractice as the “failure of a physician, hospital, or employee of a hospital in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.” Central to these cases are the concepts of recklessness and negligence, where someone fails to fulfill their “duty of care” to the people they serve.
In the vast majority of instances, you must prove these four elements to sustain a valid medical malpractice case:
Medical malpractice can happen in any medical setting, to patients of any age, and with any condition. Malpractice also risks turning a minor medical condition into a lifelong ailment or can even lead to death. Here are some of the most common medical malpractice claims:
If a doctor diagnoses you with the wrong condition, it can send your treatment down the wrong road, which might mean you receive unnecessary treatments while not undergoing the correct ones. In some cases, delays in treatment can put your life at risk, such as cancers that continue to spread.
Because condition symptoms are similar, it’s easy for doctors to misdiagnose. As the plaintiff, you’ll have to show that the doctor’s criteria and process diverged from the typical standard for care in the same circumstance.
Another common malpractice claim stems from delayed diagnoses. If a doctor dismisses your complaints or evaluates them in a way that’s different from the profession, it could be considered malpractice. If it causes substantial injuries, you might be able to seek compensation for medical malpractice.
Medication errors often lead to claims of medical malpractice. It could be attributed to negligence or recklessness if your doctor prescribes medicine unfit for your situation or fails to recognize interactions with other drugs. Examples of prescription errors include giving the wrong medication dose or failing to account for patient allergies.
Patients injured through surgical errors could suffer irreversible harm and require painful and expensive follow-up surgeries to correct mistakes. When surgeons make mistakes, the results may be frustrating at best and irreparable at worst. Patients injured by a surgical error frequently require follow-up surgery to correct the mistakes of the first procedure. Some of the most common surgical errors include:
According to the Merck Manual, most birth injuries result from the natural force of labor and delivery, but some result from medical negligence that constitutes malpractice. For example, doctors who fail to monitor the pregnancy and delivery may miss signs of significant problems, such as a mother’s high blood pressure. These errors can leave children with irreversible injuries or conditions such as brain damage or cerebral palsy.
Some birth injuries are minor and heal independently, but others cause permanent damage. Here are some of the most common birth injuries:
Anesthesia plays an essential role in surgery, but misapplication could lead to severe consequences and subject doctors to malpractice claims. These problems could result from poor practice in administering the anesthesia or failing to recognize or warn of dangerous interactions or other warning signs. Anesthesia errors can lead to ongoing problems, such as brain damage or stroke.
Medical malpractice means that a healthcare provider has been negligent in their patient care, and their actions did not rise to the standard, reasonable level of care that a similar healthcare professional would have displayed. Medical malpractice claims may be brought against many parties after an injury occurs due to medical care. According to NRS § 41A.017, here’s a short list of professionals who can face claims under the law:
One role of a medical malpractice attorney is to evaluate your claim and identify the parties who may be subject to the lawsuit. Once identified, those parties can become defendants in your case.
Our attorneys can also help track deadlines for your case. The statute of limitations on a medical malpractice claim is one year from the date the patient discovered or should’ve discovered the injury or three years from the date the healthcare provider inflicted the damage — whichever is sooner.
Our medical malpractice lawyers in Las Vegas will advocate for your best interests, ensuring you can pursue fair recovery for your claim. Each case is different, so we will evaluate your case’s details to determine how much it is worth. More severe injuries typically result in greater recoveries. You may be able to recover:
Economic damages reflect direct expenses caused by your malpractice injuries. NRS § 41A.007 allows you to recover:
Non-economic damages reflect intangible losses such as pain and suffering caused by your malpractice injuries. NRS § 41A.011 allows you to recover non-economic damages if your injuries leave you permanently disabled or disfigured, require extensive follow-up treatments, cause you chronic pain, or leave you with emotional trauma.
Suppose you lost a family member because of medical malpractice. In that case, you may recover damages for your loved one’s medical treatment and the pain and suffering they endured before passing away. You may also be able to recover funeral and burial expenses, loss of financial support, loss of companionship, and more.
According to Nevada Revised Statutes § 41A.097, you have only four years from the date of your medical injury or two years from the date you discovered it to file a lawsuit for medical malpractice. Once that window closes, you forfeit your right to sue. Our medical malpractice lawyer in Las Vegas will listen to your story and establish a timeline of events for your case. We will make sure you file your lawsuit before the legal deadline.
Medical malpractice claims often follow complex laws that frequently change and impose limits on damages that can be recovered. Nevada’s current non-economic damage limit is $350,000, which will cover damages related to pain and suffering, loss of consortium, and other damages that are more difficult to calculate. However, Nevada does not impose limits on economic damages. Therefore, an injured victim will be entitled to bring a claim representing the full amount of medical care and lost income they experienced as a result of the medical malpractice.
Hospitals and other medical facilities are particularly in tune with potential medical malpractice claims and will often have insurance adjusters on-site to prevent claims from occurring. Therefore, it is important to discuss your injury with a medical malpractice attorney who can advise you on the likelihood of your claim’s success.
Medical malpractice claims involve complex laws that change often. Nevada’s current non-economic damage limit is $350,000, which will cover damages related to pain and suffering, loss of consortium, and other injuries that are more difficult to calculate, such as lost wages.
If you or a loved one has been injured due to the actions of a medical professional, don’t hesitate to get in touch with our attorneys at De Castroverde Accident & Injury Lawyers. Our team’s staff and lawyers will fight to get you the compensation you deserve. Contact our Las Vegas office for a free consultation.
In addition to medical malpractice, De Castroverde Accident & Injury Lawyers have expertise across a variety of personal injury cases, including:
An experienced car accident attorney can help you understand the legal aspects of your crash and make certain you get the compensation you deserve.
Our attorneys have years of experience in handling slip and fall cases and will work carefully with you throughout your claim.
Wrongful death actions result when one person’s actions lead to the death of another person. These cases are often time-consuming and expensive.
Personal injury cases are filed when a person has seen their life negatively impacted by preventable actions taken by another party. In car accident cases, this means that the at-fault driver has to provide compensation to the impacted party. In cases of nursing home injuries, the nursing home is the at-fault party when a resident is injured in an avoidable situation.
Some situations that can led to a personal injury case include: