How to File a Medical Malpractice Lawsuit

It’s common knowledge that medical doctors take the Hippocratic Oath when they graduate, pledging to “do no harm.” Other medical professionals may also take pledges at graduation. For example, some nurses take the Nightingale Pledge, pledging to look after those in their care.  
Despite these promises, some patients don’t receive an acceptable standard of care when seeking medical treatment. Patients who suffer harm because of medical negligence or malpractice may have cause to file a medical malpractice lawsuit. A Las Vegas medical malpractice attorney can explain your rights, the legal grounds for filing a medical malpractice case in Nevada, and how to file a medical malpractice lawsuit.

Can you sue for medical malpractice in Nevada?

Nevada allows patients to sue for professional negligence. Although this term differs from those used in most states, it encompasses the grounds for medical negligence and malpractice suits.

Medical negligence applies when a medical professional makes a genuine error that causes harm. Those accused of medical negligence attempted to provide appropriate care but made a mistake that compromised their patient’s care and caused harm.

Medical malpractice applies when medical professionals are deliberately negligent. Suppose a patient goes to their primary care physician to discuss symptoms they’re experiencing. Although the doctor knows a severe illness could be the root cause of their symptoms, they dismiss their concerns and refuse to order medical tests. The patient finds out months later that they do have a severe illness, and their primary care physician’s refusal to order tests has allowed the disease to progress past the point where it’s curable. 

In Nevada, professional negligence is based on the expected standard of care medical professionals should deliver under the circumstances. Failing to deliver that standard of care is grounds for a legal claim, whether by accident or intent. 

Grounds for a professional negligence claim 

There are many reasons you could pursue a professional negligence claim, including the following:

• Harm to you: A medical professional could be responsible for inflicting injuries or allowing an illness to progress. Harm to you could refer to a misdiagnosis, spinal cord injury, traumatic brain injury, or failure to diagnose and treat your condition. 
• Harm to your child: Thousands of newborns suffer birth injuries each year. Children may also suffer injuries because of medical mistakes.
• Wrongful death: You have grounds for a professional negligence claim if a medical professional’s negligence causes the death of your spouse, child, or, in some cases, your parents or sibling

Filing a medical malpractice claim 

Plaintiffs must file paperwork with the courts to pursue a lawsuit. This paperwork must be completed and filed before the state’s statute of limitations expires. Plaintiffs must also pay any applicable filing fees and ensure the defendant is notified of legal action.

Plaintiffs must also supply an affidavit of merit. Professional negligence cases can’t proceed without the affidavit of merit, so you must include this document with your filing. The affidavit is a statement from a qualified medical professional who identifies those accused of professional negligence, indicates their support for the plaintiff’s claims, and identifies the grounds for the professional negligence suit. 

Plaintiffs must also note the damages they seek in their suit. 

Although individuals can prepare the paperwork and initiate a suit, turning to medical malpractice lawyers in Las Vegas is the most effective way to file your claim. Your Las Vegas injury lawyer will help you calculate the damages to seek, locate a medical expert who can provide the affidavit, and ensure your legal paperwork is correctly completed and filed on time. 

What is the statute of limitations for medical malpractice in Nevada?

You must file your professional negligence claim before the state’s deadline. How long do you have to file a medical malpractice claim in Nevada? The standard time allotted is three years. 

A second deadline is applicable in some cases, allowing individuals to file after discovering the professional negligence. Suppose a surgeon leaves medical equipment in your body during surgery. You don’t know this, and it causes no issues at first. Four years later, the equipment moves and damages an organ. Although more than three years have passed since the date of the negligence occurred, you can pursue your claim if you file within two years of the discovery date. 

What damages can you seek from a professional negligence claim?

Victims of professional negligence can seek economic and non-economic damages. 

Economic damages are reimbursements for incurred and expected expenses related to the harm caused by professional negligence. Suppose a medical error causes partial paralysis, and you must use a wheelchair. You can claim related costs, including job retraining costs if you have to change careers, medical equipment costs, and moving costs if you need to move to a home without stairs.

Common grounds for economic damages include the following:

• Childcare costs
• Funeral and burial expenses
• Lost income
• Medical bills
• Personal care costs
• Transportation costs

Non-economic damages don’t have a price tag, making them harder to calculate. These damages provide victims with compensation for the physical and emotional suffering they experience because of professional negligence. 

Common reasons for seeking non-economic damages include the following:

• Loss of intimate relationship
• Mental health issues
• Pain and suffering

Some victims may also seek punitive damages. Punitive damages apply to cases involving gross negligence, which means you must be able to prove the defendant’s actions or inactions were deliberate and that they knew of the likelihood their actions or inactions would cause harm. 

What is the cap on medical malpractice damages in Nevada?

Nevada has no cap on economic damages but caps non-economic damages. The cap increases over time to compensate for inflation. Victims seeking economic damages in January 2024 can seek a maximum of $430,000 in non-economic damages. 

How Adam S. Kutner, Injury Attorneys, can help

Medical issues can be life-altering, stressful, and expensive. Filing a professional negligence claim can compound your stress and consume the rest of your time and energy unless you’re a legal professional. 

When you schedule your initial consultation with Adam S. Kutner, Injury Attorneys, you’ll receive a free consultation from an experienced personal injury lawyer in Las Vegas. Our legal team is ready to help you with your personal injury claim. Our legal team will collect evidence, talk to witnesses, and consult medical professionals to verify the legal grounds for your claim.

We’ll prepare the paperwork and take all required steps to ensure your case proceeds. We’ll help you calculate the damages you can seek, and we’ll lead settlement negotiations. We aim to get you the compensation you deserve through a pretrial settlement or judgment at trial.