Professional Negligence Claims

When seeking an attorney to represent you after you’ve been injured, you may wonder who qualifies as a healthcare provider in medical malpractice lawsuits under Nevada’s professional negligence classification. Adam S. Kutner, Injury Attorneys, is here to help answer your questions.

According to the State Bar of Nevada, a provider of healthcare can be any of the following:

• Physician
• Physician assistant
• Dentist
• Licensed nurse
• Dispensing optician
• Optometrist
• Registered physical therapist
• Podiatric physician
• Licensed psychologist
• Chiropractic physician
• Doctor of Oriental Medicine
• Limited license holder for radiologic imaging
• Medical laboratory director or technician
• Licensed dietitian
• Licensed hospital, clinic, surgery center, physicians’ professional corporation, or group practice that employs any such person and its employees

Medical malpractice/professional negligence claims

To file a professional negligence claim in Nevada, you first need to file a complaint. This requires the skill of a competent medical malpractice lawyer so you can be sure the complaint is filed correctly and in accordance with the law.

When you file the complaint, under most circumstances, you need to:

• Include confirmation from a qualified medical expert that you have suffered an injury
• Explain how it was negligence that caused the harmful result
• Explain why mitigating factors (such as age or illness) were not the cause of harm

Note that in a few narrowly defined cases, an affidavit is not required. Your medical malpractice attorney will let you know if one is needed for your specific case, so save time on necessary tasks to ensure your claim is completed on time. Knowing what is required and providing all documentation that meets the strict standards set by the law and the courts is vital to winning your case.

What qualifies as professional negligence?

Since Nevada defines medical malpractice as medical or dental negligence and other related failures by the healthcare industry, we turn to Nevada law to understand what qualifies when evaluating a possible claim.

According to Nevada Revised Statutes Chapter 41A, “Professional negligence means the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.”

Hiring a medical malpractice lawyer here in Nevada means hiring someone who understands the state laws and knows how to fight for your rights in the case, ensuring a successful outcome.

Professional negligence compensation

How much you’re entitled to when you’ve experienced medical or dental malpractice or negligence in a professional healthcare setting will depend on many factors. Damages awarded can be in the form of economic or non-economic relief.

There is no cap on economic (financial) damages that can be awarded within the law as it is written. These damages will cover your monetary bills like medical bills, childcare costs, lost wages, and so on.

There is a cap of $350,000 for non-economic (non-financial) damages. Non-economic damages can include pain and suffering and loss of enjoyment in life. It’s harder to put a financial value on these types of damages, so having a team of legal experts represent you can make a vast difference in your outcome. 

Our experienced attorneys will know what damages you qualify for and get a fair settlement on your behalf. You deserve the maximum compensation you’re entitled to within the law, and only a strong team advocating your case can help ensure that.

Statute of limitations

When the new law was passed here in Nevada, it was determined that beginning on October 1, 2023, you have up to two years from the date you discover the injury (or when you should have reasonably discovered the injury) or up to three years from the date of the original incident, to file a lawsuit.

Medical malpractice settlements

One of the most important reasons to have a law firm specializing in medical malpractice and professional negligence cases is the requirement that settlement negotiations be handled properly.

According to NRS 41A.081, we see the following written directly into the law itself: “In an action for professional negligence, all the parties to the action, the insurers of the respective parties and the attorneys of the respective parties shall attend and participate in a settlement conference before a district judge, other than the judge assigned to the action, to ascertain whether the action may be settled by the parties before trial.”

It’s never advisable to represent yourself in any legal proceeding of such importance. Having lawyers specializing in professional medical malpractice or negligence claims will help when it comes time to fight for your rights to obtain fair financial and non-financial relief. Contact our experienced lawyers at Adam S. Kutner, Injury Attorneys, today for a free case evaluation.