If you or a loved one has been the victim of medical malpractice in Las Vegas, you have the right to learn more about your rights and what you should do next. Most people will need medical procedures at some point in their lives, but medical malpractice is something you hope to avoid.

Understanding Medical Malpractice in Las Vegas, Nevada

Las Vegas patients expect their physicians and healthcare providers to be qualified, ethical, and offer the best possible care. Unfortunately, medical care may not always meet the standards we have grown to expect. Many physicians appear to have forgotten the Hippocratic Oath they took when they first became healthcare practitioners.

The word “medical malpractice” refers to unethical, improper, negligent, or poor care provided by a physician, hospital, or other healthcare practitioner. However, this term varies according to where you live. In fact, each state has a unique definition of medical malpractice.

Las Vegas defines medical malpractice as “the failure of a physician, hospital, or hospital employee, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances” (NRS 41A.009).

This means that you did not obtain proper medical care despite entrusting your faith—and, quite literally, your life—to a healthcare provider. Sometimes, it indicates that the healthcare provider intended to cause you harm.

What can Victims of Medical Malpractice in Las Vegas Expect?

If you have recently suffered injuries or negative health outcomes as a result of a medical professional’s negligence or professional misconduct, you may have grounds for a medical malpractice lawsuit. While medical malpractice technically comes under the jurisdiction of personal injury law, there are unique standards that apply to these claims that you must grasp in order to achieve the best possible conclusion for your case.

If you believe you have grounds to bring this type of civil suit, an experienced Las Vegas medical malpractice attorney can be a huge help. A successful medical malpractice claim may result in compensation for economic damages caused by the negligent medical professional’s actions, as well as compensation for your pain and suffering.

Basic Components of a Medical Malpractice Case in Las Vegas

To succeed in a medical malpractice claim in Las Vegas, the plaintiff must prove the following.

• They maintained patient-physician contact with the defendant, which means that both the defendant and the patient had to agree to the treatment.
• The defendant failed to satisfy the standard of care required for the plaintiff’s condition. Based on the most recent research, the professional medical community agrees on acceptable medical treatments for identified illnesses. They may only deviate from a patient’s standard of care if the commonly accepted course of therapy would be harmful or unsuccessful due to the patient’s specific individual health characteristics.
• The defendant’s breach of the standard of care resulted in actual harm to the patient. This means that the plaintiff must demonstrate that the defendant’s acts resulted in actual and measurable losses, such as higher health-care costs, lost income due to inability to work, and bodily pain and suffering.
• The harm would not have occurred if the defendant had not engaged in medical malpractice. In other words, the plaintiff must provide evidence demonstrating that any other cause could not have caused their damages.

If you need assistance demonstrating these components of carelessness, you should visit an expert Las Vegas medical malpractice attorney. Under Las Vegas law, a plaintiff who seeks to file a medical malpractice lawsuit against a doctor, nurse, or other healthcare practitioner must acquire an affidavit of merit from a suitably trained physician to support their claim.

Las Vegas Medical Malpractice Affidavit of Merit

Las Vegas requires that your medical malpractice claim must include an “affidavit of merit. “This affidavit of merit is important and a claim will most likely be dismissed if the plaintiff fails to present it. A medical specialist with the same or higher medical credentials as the defendants must sign the affidavit. They must also hold the same medical board qualification. A general practitioner, for example, cannot file an affidavit against a board-certified specialist unless they both have the same board certification.

Tort reform and damage caps for medical malpractice in Las Vegas

Las Vegas’s tort reform limits the amount of financial compensation you can collect for noneconomic losses in a medical malpractice claim. Approved in 2004, this regulation was enacted to keep doctors from leaving Las Vegas owing to high medical malpractice insurance costs. According to tort reform, medical malpractice claimants can only obtain up to $350,000 in non-economic damages.

Non-economic damages are described as compensation for pain and suffering, as well as the loss of enjoyment of life. Las Vegas limits compensation for these negative effects because they are difficult to quantify, making them more challenging to pay out.

This does not mean that you can only recover up to $350,000 in a medical malpractice litigation. Depending on your circumstances, you may be entitled to millions of dollars in financial compensation for economic losses such as past and future medical expenditures and loss of income. These damages are easier to quantify, thus you are more likely to secure a greater settlement.

Who should I sue for medical malpractice?

When deciding who to sue in a medical malpractice case, remember that anybody involved in delivering healthcare services can be held accountable. This includes physicians, nurses, dentists, pharmacists, and other healthcare professionals. Furthermore, if you are suing for medical negligence caused by a product, gadget, or drug, you may also bring a claim against the manufacturer.

When should you contact a Las Vegas medical malpractice attorney?

If you or a loved one has been a victim of medical malpractice in Las Vegas, it is often beneficial to consult with a medical malpractice attorney. Their experience may increase your chances of receiving adequate compensation for both economic and non-economic damages.

At Moss & Berg Injury Lawyers, our medical malpractice attorneys have successfully recovered compensation for medical malpractice victims. To learn more about your legal rights and ask any questions, please call us immediately for a free consultation.