Injured by Malpractice in Nevada? We Can Help!
Our caring Las Vegas personal injury lawyers represent clients throughout Nevada on a variety of malpractice and professional negligence charges, including:
- Birth injuries,
- Dental malpractice,
- LASIK eye surgery malpractice,
- Legal malpractice,
- Medical malpractice,
- Nursing home abuse,
- Psychotherapist malpractice,
- Wrongful birth, and
- Wrongful death.
How is "Malpractice" Defined under Nevada Law?
Malpractice is a form of professional negligence. Nevada law defined "professional negligence” as the failure of a provider of services to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers.1
Establishing Negligence in Nevada Malpractice Cases
In Nevada, the plaintiff must establish a number of elements in order to prevail on a claim of professional negligence / malpractice:
- The defendant owed the plaintiff a duty to exercise due care;
- The defendant breached the duty of care;
- That breach was the cause of harm to the plaintiff; and
- The plaintiff suffered damages as a result of the breach.
Damages for Professional Negligence in Nevada
Nevada allows up to three basic types of damage in malpractice cases:
"Economic damages" are meant to compensate plaintiffs for out-of-pocket or expected out-of-pocket losses. Economic damages (also known as "pecuniary damages" or "compensatory damages") include damages for medical treatment, care or custody, loss of earnings and loss of earning capacity.2
Pain and suffering
Pain and suffering, inconvenience, physical impairment, disfigurement and other non-pecuniary damages are collectively known as "non-economic damages” defined.3 Nevada law imposes damage caps at $350,000.
Punitive damages differ from other types of damages in that they are not intended to compensate the victim for actual harm. Punitive damages are intend to punish the wrongdoer in egregious cases and serve as a disincentive to others who might otherwise behave the same way.
Punitive damages are awarded in Nevada only in cases in which fraud, malice, or oppression are proved to a clear and convincing standard. In Nevada, punitive damages are generally limited to:
- $300,000 (if the amount of compensatory damages awarded to the plaintiff is less than $100,000), or.
- Three times the amount of compensatory damages (if the amount awarded to the plaintiff is $100,000 or more).4
Injured by malpractice in Las Vegas? Call us for help...
If you or someone you care about has been injured by professional negligence in Clark County, we invite you to contact our Las Vegas malpractice attorneys for a free consultation.
Professionals and their insurers fight aggressively to deny malpractice claims. But our caring Nevada malpractice lawyers fight harder.
We work with top experts and investigators to find the evidence the professionals don't want you to see. And we take no money unless and until you settle or win your case.
To schedule your free consultation, fill out the form on this page or call us at 702-DEFENSE (702-333-3673). Let our compassionate Las Vegas professional negligence lawyers help you get the compensation you need and the justice you deserve.
- See, e.g., NRS 41A.015 defining "professional negligence" of health care providers.
- NRS 41A.007.
- NRS 41A.011.
- NRS 42.005.