Henderson Medical Malpractice Lawyer

What Is Medical Malpractice?

Medical malpractice refers to conduct by a medical professional that deviates from the accepted norms of treatment and results in patient harm. According to the National Institutes of Health, one in three clinicians will be sued for malpractice during their careers. 

Not all medical errors that lead to harm constitute malpractice. To be able to file a medical malpractice claim, the case must meet a few key requirements.

First, the medical professional must have deviated from the standard of care. This means that another expert with comparable training and experience would not have acted in the same manner. 

Second, the deviation must have resulted in patient injuries. The patient must show that negligence led to the harm they suffered and caused significant damages, such as suffering, pain, and loss of income. 

To prove medical negligence, you must demonstrate that the provider owed you a duty of care that they breached. This breach must have led to injuries for which you can be compensated. Negligence includes failing to act when action is necessary to prevent harm.

One important aspect of medical malpractice in Nevada is that the case can be dismissed if it’s not accompanied by an affidavit of merit from a qualified medical expert. 

Common Types of Medical Malpractice Cases

There are many types of medical malpractice cases, but some of the most common involve misdiagnoses. The National Institutes of Health defines misdiagnosis as an incorrect diagnosis or a failure to provide one at all. 

A misdiagnosis occurs when a medical professional doesn’t recognize the condition or issues the patient is experiencing. It leads to delays in treatment, which could place the person at serious risk. 

Connected to a misdiagnosis is a delayed diagnosis, which is when a provider takes too long to determine an underlying problem. It can lead to worsening conditions. 

Another common type of medical malpractice is failure to treat. This is when a patient receives an accurate diagnosis, but the physician never prescribes or administers treatment for it. It can happen when patients are discharged too soon or when their care is not followed up on. 

Birth injuries are another frequent problem. They can occur during pregnancy, labor, or immediately after birth and include everything from inappropriately using forceps to delaying a Cesarean section. 

Surgical errors are frequent occurrences as well. All too often, surgeons will: 

• Operate on the wrong body part
• Leave instruments inside the patient
• Provide inadequate aftercare
• Use instruments that weren’t properly sterilized
• Make a variety of other mistakes 

Connected to surgical mistakes are anesthesia errors. Failing to prepare patients correctly for anesthesia or administering the wrong amount can all be life-threatening. Failing to monitor patients under anesthesia can also result in severe injuries.

Being given the wrong medications can be medical malpractice, too. You could suffer dangerous side effects from taking a different dosage or type of medication than what you were prescribed. 

Another type of medical malpractice is ER delays. If ER personnel don’t quickly recognize life-threatening conditions and offer immediate care, you may be able to file a claim against the medical professionals involved.

Types of Injuries in Medical Malpractice Claims

Medical malpractice can result in a range of injuries. Infections are common, for example. These occur if healthcare providers don’t take the time to sterilize instruments or minimize other forms of cross-contamination. 

Infections can be deadly, with sepsis and MRSA being of particular concern in hospitals. Providers must make every effort to protect patients from them. 

Unfortunately, birth injuries often result in serious, life-altering injuries. Cerebral palsy is a group of neurological disorders caused by brain damage that can lead to severe developmental issues. These injuries usually occur from oxygen deprivation. 

Birth injuries can also harm the mother. Failing to act quickly and allowing for prolonged labor could put severe stress on her entire system. 

Anesthesia errors could lead to injuries, such as paralysis and organ damage. Administering the wrong dose or failing to monitor a patient’s vitals while under anesthesia could even lead to irreversible brain damage and the risk of falling into a coma.

During surgical procedures, a surgeon can operate on the wrong organ or use improper positioning techniques. These errors can also leave a patient battling nerve damage and even pressure ulcers. 

A healthcare provider who prescribes the wrong medications can put you at risk of developing organ failure or blood pressure issues. You could experience dangerous drug interactions as well. 

By misdiagnosing a patient or delaying the start of their treatment, medical professionals can cause conditions like cancers, diabetes, and heart disease to worsen. In the most severe cases, these delays can lead to fatalities.me do end up going to trial. If that happens, an experienced trial lawyer will fight to protect your interests as they present your case to the judge or jury.

Who Can Be Held Liable for Medical Malpractice?

Most of the time, the person who will be held liable is the healthcare provider who was negligent in their care. Whether they were a nurse, doctor, surgeon, or pharmacist, you can hold them responsible. 

In some cases, hospitals and clinics can also be to blame. If they employ people who don’t have the right training or experience, it may be possible to file against these facilities. 

Additionally, medical devices or equipment sometimes cause injuries. When they do, you can hold manufacturers liable. 

What Are the Statutes of Limitations for Filing a Medical Malpractice Claim in Nevada?

The Nevada medical malpractice statute of limitations requires that you file a claim within a particular window of time. Statutes of limitations are put in place to ensure that claims are brought forward when there’s still reliable evidence available. 

Nevada requires that you file both the initial complaint and the affidavit of merit within three years of the date of the injury or one year after the discovery of the injury. This applies to injuries or deaths that occurred before October 1, 2023.

For injuries on or after October 1, 2023, the plaintiff has three years from the date of the injury to file. Alternatively, they have two years from the date of the injury’s discovery or from when it should have reasonably been discovered. 

If you try to file after the statute of limitations has passed, the case will be dismissed. You would lose all rights to receive compensation for the injuries you suffered. This is one of the reasons why acting quickly is so vital. 

The only exception would be if the medical professional took steps to conceal the conduct that led to malpractice. The statute of limitations would be tolled or halted for as long as the concealment continued. 

Common Defenses in Medical Malpractice Cases

To defend themselves against medical malpractice charges, healthcare providers tend to rely on a few tactics. One is to state that the care the patient received was standard and didn’t deviate from what was expected. 

Another common defense is to claim there is no causation. The defendant can state that any supposed deviation from the standard of care was not the proximate cause of the losses suffered.  

The defendant could also claim that you didn’t sustain injuries from the medical mistake. For example, they might argue that even if the condition had been diagnosed and treated in time, the plaintiff would have still suffered identical consequences. 

Defendants often try to claim that you were informed of the risks of a procedure and gave your consent. If the injury occurred because of negligence, however, it wasn’t necessarily part of the risks you were told about. 

If you have pre-existing conditions, the defendant can say that these were the cause of the injuries you suffered rather than their mistake. This defense presents its own problems, however, because it shows that the provider didn’t get your full medical history.  

Medical malpractice lawyers can attempt to counter most of these defenses. To do so, they will have to show that another comparable professional would not have acted in the same manner.  

How to File a Medical Malpractice Claim in Henderson

If you’ve suffered injuries because of a medical professional’s negligence, filing a malpractice claim can help you recover losses. To begin the process, it’s essential that you hire a Henderson medical malpractice lawyer. 

You’re not required to have an attorney, but it’s always in your best interest to do so. An experienced attorney can help you gather the right evidence to support your claim and will have access to medical professionals who can provide the affidavit of merit. 

Your lawyer will also help you fill out the necessary paperwork to file the claim. They will ensure that everything is done on time and that you’re able to request an appropriate amount of damages. 

Calculating the damages is not an easy process. You may not be sure what you can claim, which could mean missing out on crucial compensation. 

The next step of the process would be to negotiate for a settlement. Your lawyer is essential here because they will have experience dealing with insurance companies. If a settlement isn’t possible, however, you can file a lawsuit. 

How Much Does It Cost To Hire a Medical Negligence Lawyer?

Reputable Henderson medical malpractice lawyers don’t charge upfront fees. They are only paid when you receive compensation. Nevada limits the contingency fees in medical malpractice cases based on the amount recovered. 

What Is the Average Medical Malpractice Settlement?

Each medical malpractice case is unique, and the severity of your injuries will dictate how much you receive. In 2023, 34 medical malpractice cases in Nevada were settled in the ranges of $100,000 and $249,999.

Why Choose Our Henderson Medical Malpractice Lawyers?

If you’re dealing with injuries as a result of medical malpractice, it’s important to begin a claim as soon as possible. At Adam S. Kutner, Injury Attorneys, our Henderson medical malpractice lawyers have decades of experience helping people throughout Nevada. 

Our lawyers have worked in the insurance business, which gives us inside knowledge of how the claims process works. We’re a team fiercely devoted to each of our clients, and we’ll never shy away from taking your case to court if that’s the right choice.

Don’t risk your settlement by going through the claims process alone. Contact our team at Adam S. Kutner, Injury Attorneys, to schedule a free malpractice consultation.