Surgery Mistake Lawsuit: Your Legal Rights in Nevada

Understanding Surgical Errors and Medical Negligence in Nevada

Surgical errors are mistakes that could have been prevented and occur during a surgical procedure. Obtaining compensation for surgery errors requires proving that another professional would not have made the same mistake. 

You must establish four elements:

1. The medical professional owed you a duty of care.
2. The medical professional failed to meet the accepted medical standards.
3. You suffered injuries because of this failure.
4. You suffered quantifiable losses.

Every harm that you may suffer while getting medical care is not automatically medical negligence. If there was an error that could have been prevented, however, that would be a reason to file a surgical error lawsuit in Nevada. 

Common Types of Surgical Errors Leading to Lawsuits

Wrong-Site Surgery

A wrong-site surgery lawsuit in Nevada deals with a surgeon who operated on the wrong body part. These are considered to be “never events” because they should never occur if the proper protocols are in place. The average nationwide payout for this type of error is $127,159.

Retained Surgical Instruments and Foreign Objects

A significant number of Nevada surgery injury lawsuits occur because of objects like sponges or clamps left inside patients. Retained foreign object cases have an average payout of $86,247. Integrating instrument counts into surgery protocols can help prevent these errors. 

Anesthesia Errors

Anesthesia errors can lead to brain damage, organ failure, and death. These types of mistakes include the failure to monitor vital signs, incorrect anesthesia dosages, and intubation mistakes. 

Surgical Technique Errors

Many Nevada surgery mistake lawsuits occur because the surgeon doesn’t use the appropriate techniques for the procedure. These errors can result in perforated organs, nerve damage, and infections.

Lack of Informed Consent

Patients receiving surgery must be aware of the risks and must be given full information on alternatives. Surgeons who fail to do this and continue with the surgery without informed consent are negligent. 

Who Can Be Held Liable in a Surgery Mistake Lawsuit?

Liability in medical malpractice cases can be complex. There are numerous parties you may be able to hold responsible. 

These include:

• Surgeons: They have the responsibility for the entire surgical procedure, including any decisions that other team members make.
• Anesthesiologists: Anesthesia monitoring failures and improper administration of dosages fall fully on the anesthesiologist.
• Surgical nurses: Nurses are in charge of maintaining a count of instruments and a sterile environment.
• Surgical assistants: Any errors they commit within their assigned duties can mean they’re liable.
• Hospitals and surgical centers: Via vicarious liability, these facilities can be held responsible for the actions of their employees.
• Medical device manufacturers: If a device malfunctions during the procedure, you can hold the manufacturer responsible.

Nevada’s medical malpractice laws allow you to hold numerous parties liable. 

Proving a Surgical Negligence Case in Nevada 

The doctor sued for surgical mistakes does not have the burden of proof in these cases. The plaintiff does.

Some of the evidence that can be helpful in these claims includes:

• Medical records that expound on the surgery and its complications.
• Diagnostic imaging tests that show the surgical mistake.
• Testimonies from medical experts that explain how the standard of care was breached.
• Hospital policies that show protocol violations.
• Eyewitness statements from the surgical team.
• Bills and medical notes on the losses suffered.

Before you can begin a medical negligence claim in Nevada, you must also present an affidavit of merit from a qualified medical professional. 

Compensation Available in Nevada Surgery Mistake Lawsuits

Economic Damages (No Cap)

Economic damages address medical bills, like hospital stays and rehabilitation, along with any future needs you may have. If you have to miss work, you can receive compensation for lost income and, if the injuries keep you from working, loss of earning potential. 

Non-Economic Damages (Capped)

Non-economic damages cover the emotional and physical distress you experienced, as well as your inability to live as you used to. You can also receive compensation for loss of consortium for how the injury impacts your relationships with your loved ones.

Nevada’s Statute of Limitations for Surgical Error Lawsuits

The Nevada statute of limitations for surgery mistakes is typically one year from when you suffered the injury or from when you discovered it. 

To make certain you don’t miss the deadline, it’s essential to speak with one of our attorneys. If you don’t file on time, you will be barred from recovering your losses.  

Steps To Take After Discovering a Surgical Error

The moment you discover that you suffered a surgical error, you must:

• Seek immediate medical help.
• Request copies of all your medical records.
• Avoid talking about fault.
• Avoid signing any legal documents from the hospital.
• Document how your injuries progress, how they impact your life, and what treatments you’ll need.
• Photograph surgical sites and other wounds.
• Speak with another medical expert to confirm the surgical error.

Hire one of our attorneys as soon as possible so that we can start fighting for your rights. 

Surgical Lawsuit Success Rate and Settlement Timelines in Nevada 

Because of their complexities, medical malpractice cases have a lower success rate than other personal injury claims. The surgical lawsuit success rate in Nevada is about 60 to 70%. 

The average settlement timeline is between 18 and 36 months. Usually, cases in which there’s clear evidence of a mistake, like wrong-site surgeries or retained instruments, are faster. The most complex cases can end up going to trial, a process that can last up to five years. 

How Nevada Medical Malpractice Law Has Changed

Nevada Assembly Bill 404 passed in 2023 and changed numerous factors in these kinds of cases. This is the bill that is allowing the cap on non-economic damages to increase by $80,000 annually until 2028, when the cap will reach $750,000.

There has also been an extension on the amount of time you have to file a claim if you didn’t realize you were hurt until much later. Additionally, Nevada has established a fixed 35% attorney fee structure for these kinds of cases. 

Why Choose Adam S. Kutner, Injury Attorneys, for Your Surgery Mistake Lawsuit?

Over our 34+ years of helping clients file surgical malpractice insurance claims in Nevada, we have been able to obtain millions of dollars in settlements. We have a large network of medical experts we can rely on to offer their testimonies, and our team has the necessary experience to gather evidence and negotiate aggressively with insurers and hospitals for the help you need. 

Whether you’re seeking compensation for a misdiagnosis or wrong-site injury, we can help. 

Choose Dependable and Experienced Nevada Malpractice Lawyers

Nevada law allows you to recover losses if a medical professional caused you preventable harm during a surgical procedure. It’s essential to act quickly to receive compensation. 

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