Many medical professionals do an excellent job of administering health care. However, there are still many patients whose health condition was made worse because of incompetent medical staff. If you or your loved one has been a victim of medical malpractice, know that you have the legal right to seek recovery for your losses.
Before pursuing an insurance claim or lawsuit, it may be beneficial to consult a Las Vegas medical malpractice lawyer from Ben Crump Law, PLLC. To see if your case qualifies for compensation, get in touch with our team at (800) 641-8998.
Medical Malpractice is Professional Negligence in Nevada
When a healthcare provider fails to render services using reasonable care, their actions are considered negligent. Negligence is the underlying basis for liability for medical malpractice and most other types of personal injury cases. Proving liability is fact-specific. You have to prove that all four elements—duty, breach of duty, causation, and damages—exist, making your claim against liable parties actionable.
For a free legal consultation with a medical malpractice lawyer serving Las Vegas, call 800-641-8998
Not All Medical Malpractice Claims Are Successful
Merely having an injury does not mean that you have a medical malpractice claim. Similarly, feeling dissatisfied with the results is not enough to bring forth a case against a healthcare provider. In Nevada, your complaint must include an affidavit from a medical professional practicing in the same field as the named liable party. Said document details the wrongful acts or misconduct done by the medical professional and points out why the result is not natural and unavoidable.
The lack of affidavit or certificate of merit will lead to the inevitable dismissal of your claim since it will not stand in court, as simple accusations are not enough to hold a medical professional liable for their actions or behavior. You would have a stronger case if more than one medical professional reviews your malpractice case and yields the same results.
However, it is also crucial to prepare for possible legal issues that may impact your professional negligence claim. Below are a few reasons a claim could fail:
No Deviation from Standard of Care
An actionable negligence claim must demonstrate deviation from the reasonable standard of medical care. It would be a breach of a health care provider’s duty if they acted differently from their usual procedure, leading to a patient’s injuries or death. If there is no such proof, financial recovery is unlikely.
Weak or Lack of Causal Connection
For a negligence claim to stand, the victim must establish a link between their injuries and the accused party’s actions. For instance, a doctor made a late diagnosis, leading to the patient’s worsening condition and eventual death. Had the specialist diagnosed the illness early, the patient would not have needlessly suffered.
If the liable party can argue that another factor caused the injuries, you may not have a qualified medical malpractice claim.
Simply because you were dissatisfied with the results does not automatically give rise to a medical malpractice claim. The court will only award you compensation if you can prove you suffered damages, such as medical expenses and lost earnings. To know if your case qualifies, get in touch with Ben Crump Law, PLLC. Our legal professionals can evaluate the merits of your claim and determine which type of legal action to take.
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Nevada’s Statute of Limitations
The effects of a medical error or oversight can last a lifetime or cost a patient’s life; however, the window for bringing legal action against the liable party has a time limit. Every state’s statute of limitations differs, but it often begins when the victim discovers their injuries.
Under Nevada Revised Statutes § 41A.097, victims have three years after the date of injury to file a medical malpractice lawsuit. It can also be one year after discovering the injury through reasonable diligence—it depends on which occurs first. Once the statute of limitations lapses, victims may lose their legal right to seek remedy for the medical mistake.
Sometimes, the court may toll the statutes of limitations. Tolling legally suspends time limits, allowing victims to have more time in strengthening their claim. There are several instances when tolling may happen in professional negligence cases, so you may want to talk to a Las Vegas medical malpractice lawyer to learn more about the different exceptions to the statute of limitations.
Awarded Damages Vary for Every Case
An injury victim can only seek relief if they can prove their injury was primarily due to the accused party’s actions. The goal of awarding compensation is to make the patient whole again.
The settlement amount varies for every case as it depends on the surrounding circumstances. Nevada limits non-economic damages or compensation awarded for the adverse effects of medical malpractice up to $350,000, as Nevada Revised Statutes § 41A.035 dictates. It covers pain and suffering, emotional distress or anxiety, scarring and disfigurement, and harm of a similar nature with no exact monetary value.
Fortunately, the cap does not apply to economic damages or losses. It may include incurred medical expenses, additional treatments, lost earnings, future income losses, and compensation for harm stemming from medical malpractice.
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Why Seek Legal Assistance
A Las Vegas medical malpractice lawyer can help you establish liability by gathering critical evidence, getting eye-witness statements, and securing the testimony of medical professionals similar to those that harmed you. At Ben Crump Law, PLLC, our legal professionals will guide you throughout the entire process and take all the necessary steps to help you receive the compensation you are entitled to.
To get started, call us at (800) 641-8998 for an initial consultation.