What Is Medical Malpractice?

When working with a healthcare professional such as a surgeon, doctor, or chiropractor, you should expect quality care and appropriate medical treatment. Unfortunately, for an estimated 1.5 million Americans who suffer an injury due to medical error each year, the lack of quality care or downright negligence could leave them suffering for years. According to a recent study from Johns Hopkins University, more than 250,000 victims die each year because of medical malpractice.

When things go wrong with your medical care, you could be left injured, in pain, and on the hook for mounting medical bills. 

According to a recent study published in the National Library of Medicine, medical malpractice cases have risen over the past few years. As a patient, it’s important to understand your legal rights and options if you believe you’ve been the victim of medical malpractice. 

At the law firm of Adam S. Kutner, our experienced attorneys understand the complex nuances associated with medical malpractice cases. Turn to our medical malpractice lawyers and get the legal representation you deserve. We won’t take a fee until we win. Scheduling consultation on your case lets us determine if you have a strong enough claim worth pursuing.

What causes medical malpractice?

Medical malpractice is a wide-sweeping term used to refer to the negligence or substandard care provided by a healthcare professional and other responsible entities. Because of negligence or substandard care, a victim may be subjected to injury, harm, and in extreme cases — death. 

There are many reasons why medical malpractice may occur. According to the latest data, medical malpractice typically falls into three categories: 

• Claims related to improper treatment (28.5%)
• Failure to diagnose (26%)
• Surgery-related cases (24.1%)

About 2.5% of cases are related to anesthesia, and another 5.1% are related to medication. 

Other contributing factors to medical malpractice may include inadequate follow-up care, lack of informed consent, lack of proper training, miscommunication, and sheer negligence in the worst-case scenarios. 

What are common injuries from medical malpractice?

The type of medical malpractice you suffer will typically determine the type of injuries that will follow. For example, if you’ve had knee surgery and your doctor was negligent at any time during your care, injuries you may suffer can include numbness in the calves, inability to stand or walk, chronic pain, and other issues. 

Additionally, if you’ve been prescribed the wrong medication or an improper dosage, you may find yourself struggling with pain, issues related to your internal organs, gastrointestinal issues, and other complications. 

Other injuries that result from medical malpractice can include:

• Surgical complications
• Negative side effects from medications
• Birth injuries and congenital disabilities
• Worsening of existing injuries
• Immobility
• Fertility issues
• Permanent injury
• Disfigurement and scarring 

Who can be sued for medical malpractice?

Because medical malpractice cases can be so complex, there’s usually more than one negligent party. Several parties, including doctors, nurses, anesthesiologists, hospitals, clinics, and pharmaceutical companies, can be held liable. 

Generally, anyone involved in a patient’s care directly or indirectly could be liable in a medical malpractice case. If a party can be proven negligent, their liability will be easier to prove. 

What damages can be recovered for medical malpractice?

Most medical malpractice lawsuits are settled out of court, allowing victims to recover critical damages related to their injuries.

Victims can seek compensation in the form of economic and non-economic damages. Economic damages are designed to compensate a victim for the financial losses they’ve suffered because of medical malpractice. These losses can include: 

• Hospital bills
• Treatment costs
• Other medical expenses
• Prescription costs
• Bills associated with rehabilitation 
• Lost wages and loss of income
• Loss of earning capacity 

Non-economic damages refer to the intangible and incalculable losses a victim suffers. In the case of medical malpractice lawsuits, these losses can be significant. Comment types of non-economic damages include but are not limited to: 

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring and disfigurement

What are Nevada’s medical malpractice laws?

In 2023, Nevada passed the revised civil action AB404. This updated legislation amends existing laws and gives victims of medical malpractice greater protection.

The amended law increases the cap of non-economic damages to $750,000 over several years. Additionally, the law increases the time a plaintiff has to file a medical malpractice lawsuit. 

The law also changes the fee structure plaintiffs’ attorneys can charge when working with medical malpractice victims. 

Statute of limitations for medical malpractice in Nevada

Under the new legislative revisions, a plaintiff can bring forward a medical malpractice lawsuit no more than four years after the date of injury or two years after a victim discovers their injuries. 

If you believe you’ve suffered a medical malpractice injury, it’s important to act quickly. Filing your claim sooner allows you to gather critical evidence that can help support your claim and hold responsible parties accountable. 

Do I have a medical malpractice case?

Determining whether you have a valid medical malpractice case requires thoroughly evaluating your injury’s circumstances. An experienced medical malpractice attorney can help determine whether your case can proceed. 

A key component in showing medical malpractice has occurred is proving negligence. Negligence can be proven when four elements are in play. These elements include: 

• Duty of care: This is the notion that a healthcare provider owed you a duty of care, meaning they were responsible for your well-being. Different defendants could be held to a different standard of duty of care. 
• Breach of duty: This element shows that the healthcare professional breached their duty of care
• Causation: The concept of causation shows the relationship between a defendant’s breach of duty, their actions as a result of that breach of duty, and the injury you’ve sustained because of their actions
• Damages: Finally, to prove negligence, you must show you were injured and suffered damages. This can be demonstrated by documenting the damages you’ve sustained. This can include physical monetary losses, intangible losses, and other losses that result from your injury.

How long does a medical malpractice case take?

All medical malpractice cases are unique, and one case may take longer to resolve than another. The more complicated your case, the more defendants involved, and the more severe your injuries could all elongate the conclusion of your case. 

This is because your attorney will need to work diligently to collect critical evidence that shows the defendants were at fault and that their actions led to your injuries. 

When you work with an experienced medical malpractice lawyer, you can expect a team of investigators and paralegals who will extensively research your case. This is something the team at Adam S. Kutner provides.

Having a robust team may mean your legal representation might pull expert testimonials, conduct an independent investigation against the defendants, present information, and discuss negotiations with the legal teams of involved parties. 

Contact Nevada’s best medical malpractice attorney

If you or a loved one has been a victim of medical malpractice in or around Las Vegas, Nevada, it is crucial to seek legal representation from a reputable and experienced attorney. 

The legal team at Adam S. Kutner has extensive knowledge of Nevada’s medical malpractice laws. Our attorneys can provide you with the guidance and legal support you need as you navigate what is undoubtedly a difficult time. 

By staying informed and enlisting the expertise of skilled legal representation like that found at the Adam S. Kutner law firm, you’ll have the ability to navigate the complexities of your medical malpractice case and work toward a fair resolution. 

Remember, your well-being matters, and you have the right to hold negligent healthcare providers accountable for their actions.

Sources:

AB404.

Pandey, S., et al. (2023). Vidushi SharmaAlarming rise in consumer cases/medical malpractice claims with huge compensation: How to safeguard medical professionals?

Sipherd, R. (2022). The third-leading cause of death in US most doctors don’t want you to know about.

Study Suggests Medical Errors Now Third Leading Cause of Death in the U.S. (2016).

US Medical Malpractice Case Statistics. (2021).