Were You Injured by a Medical Provider in Nevada?
If you or someone you know has been injured by a doctor, dentist, chiropractor, hospital or another medical provider, you may be entitled to compensation for:
- Medical expenses,
- Occupational or physical therapy,
- Pain and suffering,
- Wrongful birth, and/or
- Wrongful death.
Dealing with medical malpractice insurers and lawyers can be a daunting experience. But our caring Las Vegas medical malpractice attorneys are here to help.
We offer free consultations and proactive, aggressive representation to get you the compensation and justice you deserve. To schedule a free consultation complete the form on this page or call us at 702-DEFENSE (702-333-3673).
To help you understand more about filing a medical malpractice lawsuit in Nevada, our Las Vegas personal injury lawyers discuss the following below:
- 1. What constitutes medical malpractice in Nevada?
- 2. Can I recover damages for pain and suffering?
- 3. Common types of medical malpractice in Nevada
- 4. Procedure for filing a medical malpractice suit in Nevada
- 5. Time limit for filing a medical malpractice claim in Nevada
- 6. Do I really need a Las Vegas medical malpractice lawyer?
Under Nevada law, medical malpractice is referred to as “professional negligence.” Nevada's law on professional negligence is NRS 41A.015. It provides:
“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.
“Provider of health care” includes doctors, psychologists, chiropractors, dentists, nurses, optometrists, physical therapists, podiatrists, physician assistants, medical laboratory directors and technicians, and dietitians.
It also includes licensed hospitals, clinics, surgery centers, physicians' professional corporations and group practices.1
Nevada law allows for the recovery of "non-economic" damages in medical malpractice cases.
“Non-economic damages” include pain, suffering, inconvenience, physical impairment, disfigurement and other non-pecuniary damages.2
In Nevada, pain, suffering and other non-economic damages are capped at $350,000.3 The cap on non-economic damages was approved by Nevada voters in 2004 as part of a medical malpractice reform ballot measure called the "Keep Our Doctors in Nevada" initiative.
The Nevada Supreme Court has upheld the cap on non-economic damages as constitutional.4
Medical malpractice can happen under a variety of situations. Some typical forms of medical malpractice include (but are not limited to):
- Lack of informed consent to a medical procedure.
- Failure to refer to a specialist.
- Failure to properly treat complications of care (i.e. infection, etc.).
- Failure to diagnose various conditions (i.e. tumors, etc).
- Failure to properly treat disease.
- Failure to render appropriate care.
- Failure to properly oversee employees or agents (actual or apparent).
- Improper anesthesia and anesthesia accidents.
- Administering the wrong dosage or type of medicine.
- Wrongful death during surgery.
Nevada law provides specific instructions for filing a medical malpractice claim that must be followed to the letter.
A big consideration when bringing a malpractice claim is whether the victim has been harmed by the provider's alleged malpractice. Since people do not usually seek a doctor's care until they are already sick, it may be hard to determine whether a victim's injury or death resulted from the provider's negligence.
To prove this direct causation in Nevada, the law usually requires the victim to submit an affidavit of a medical expert in the same, or similar field, as the medical professional being sued. The affiant must declare that, in his/her opinion, the injury was the result of the doctor's negligence and not a natural result of the victim's illness.
If the case goes to trial, further medical expert testimony may be necessary to prove that the injury resulted from the doctor or medical staff's negligence.
Our Las Vegas professional negligence lawyers can help you find the experts you need to assess your claim.
Nevada law requires most medical malpractice victims to file suit within three (3) years of when the professional negligence allegedly occurred.
However, injuries resulting from medical malpractice often don't manifest themselves until far later. In such situations, victims may file suit by the earlier of:
- One (1) year from discovering the injury, or
- One (1) year from the date on which he or she should have discovered the injury through the use of reasonable diligence.
According to the Bureau of Justice Statistics, medical malpractice insurance payouts increase as insurance claims advance through the legal system.5
Payouts are typically lowest for claims closed prior to the filing of a lawsuit and highest for claims closed after a trial. In Nevada, claims decided by a trial result in average payouts at least 2½ times larger than claims that are settled.6
Are you a victim of medical malpractice in Nevada? Call us for help...
If you or someone you know has been injured by professional negligence, our compassionate Las Vegas medical malpractice lawyers are here to fight for your rights. (For cases in California or Colorado, please see our articles on medical malpractice in California and medical malpractice in Colorado).
Whether the malpractice was committed by a doctor, dentist, or other health professional, we will fight to get you compensated for ALL your injuries.
To speak at no charge to a lawyer about your case, call us at 702-DEFENSE (702-333-3673) or fill out the form on this page. One of our Las Vegas personal injury lawyers will get back to you promptly to help get you started on the road to recovery.
See our related article on Nevada good Samaritan laws.
- NRS 41A.017.
- NRS 41A.011.
- NRS 41A.035.
- Tam v. Eighth Judicial District Court (2015), 358 P.3d 234.
- Thomas H. Cohen, Ph.D and Kristen A. Hughes, MPA, Medical Malpractice Claims in Seven States 2000-2004, Bureau of Justice Statistics Special Report, March 2007.