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What constitutes malpractice in Nevada?

Nevada refers to medical malpractice or negligence as professional negligence. Many other states have grounds for medical malpractice and medical negligence cases, with intent being a critical distinction between the two. Medical negligence refers to unintentional errors while treating a patient. Medical malpractice refers to deliberately failing to provide an acceptable standard of care or deliberately providing unnecessary or inappropriate treatment.

Nevada combines medical malpractice and negligence under the umbrella of professional negligence. Professional negligence considers what most medical professionals with the same credentials would do under the same circumstances to establish a baseline for acceptable care. Professional negligence is any scenario where a medical professional fails to meet that baseline, whether accidentally or intentionally.

Reasons for medical malpractice claims

Reasons you may have grounds for a medical malpractice claim include the following: 

• Birth injury: Every year, 30,000 newborns in the U.S. suffer birth injuries. Many birth injuries are preventable. Parents may have a legal claim for any preventable birth injury.  
• Disfigurement: Suppose you’re receiving medical treatment for a severe leg injury, and the doctor opts to amputate part of your leg instead of taking measures to save your leg. You may have grounds for a claim based on disfigurement. Any medical procedure affecting your appearance could be grounds for a disfigurement claim. 
• Dismissing symptoms: When medical professionals dismiss symptoms, patients may not receive the care they need to restore their health or diagnose their condition. Medical professionals are less likely to order tests and consider possible diagnoses if they dismiss the patient’s symptoms. 
• Failure to diagnose: Professional negligence includes scenarios where a medical professional orders a few tests and then concludes the patient’s symptoms must not be severe and fails to pursue all options to provide a diagnosis
• Infection: Patients may receive infections in the hospital if they come in contact with contagious patients, unsterilized medical equipment, and staff not employing appropriate hand-washing methods.
• Medication errors: Medication errors include receiving:
  • The wrong medication
  • The wrong dosage
  • Medication at the wrong time
  • Medication through the wrong method
  • Another patient’s medication

Medication errors can include failure to document that the medication was given. Failing to update medical records could result in a double dosage because another medical professional believes the patient didn’t receive their medication. 

• Spinal cord injury (SCI): Medical professionals could contribute to SCIs if they don’t diagnose or appropriately treat a spinal injury, causing permanent damage or paralysis.
• Traumatic brain injury (TBI): Medical professionals could cause a TBI if they drop a newborn or take steps that deprive the patient of oxygen for an extended period. For example, up to one out of every ten babies born suffers oxygen deprivation during birth. 
• Wrong diagnosis: A medical professional may believe a patient’s symptoms align with a specific diagnosis and order treatment. based on that diagnosis. Suppose this occurs without proper medical tests to support the diagnosis, and the patient does not have the diagnosed condition. In that case, they may have a legal claim for any harm caused by their misdiagnosis. 
• Wrongful death: Medical professionals may cause a wrongful death if their failure to take action or taking the wrong actions causes a patient to die while under their care.

What should you do if you suspect professional negligence?

Steps you can take if you suspect a medical professional’s negligence has caused you harm include the following:

• Save documents: Gather your test results, X-rays, and any other medical documentation related to your claim, including copies of prescriptions and care instructions you received.
• Gather your bills: Create a file with your medical bills and copies of any insurance paperwork related to the suspected negligence.
• Documentation: Note the names of all medical professionals involved with your treatment. Create a list of potential witnesses and their contact information. Witnesses could include visitors and other patients. 

Provide these records to a medical malpractice attorney when you discuss your case. 

Reasons to file a medical malpractice claim

Lawsuits can be time-consuming and stressful, but some exceptional reasons exist for filing a claim. 

Damages 

You may face a lifetime of medical bills and other costs from harm caused by professional negligence. Suppose a medical professional unnecessarily amputated a limb, making it impossible for you to return to your career and making it necessary to relocate to a home modified for your needs. Pursuing a claim is a way to cover these costs.

You can seek economic damages for any expenses stemming from the professional negligence, including the following:

• Childcare costs
• Job retraining
• Lost wages
• Medical bills
• Moving expenses
• Transportation costs

You can also seek up to $350,000 for non-economic damages. Grounds for these damages include the following:

• Anxiety
• Depression
• Loss of consortium
• Loss of enjoyment of life
• Pain and suffering
• Post-traumatic stress disorder (PTSD)

Justice

Winning a professional negligence claim acknowledges the harm you suffered and that medical professionals were at fault for this harm. 

A professional negligence claim can prompt medical establishments to introduce measures to prevent future negligence, improving the standard of care for other patients. Your legal claim could be why another person doesn’t suffer a similar injury from professional negligence.

A successful professional negligence claim could lead to a medical professional’s dismissal in severe cases of ongoing negligence.

What a medical malpractice personal injury lawyer does 

A catastrophic injury lawyer handling professional negligence claims will take all essential steps to prepare your case, including:

Investigation

Medical malpractice attorneys gather physical evidence, interview witnesses, and subpoena medical records. They use the information from these steps to strengthen your case. For example, hospital records could demonstrate a pattern of infections because of unsterilized medical equipment. 

Assists with calculations 

Your lawyer will help you calculate the economic and non-economic damages you can seek, ensuring you claim all relevant expenses. 

Files claim 

Your law firm will prepare your legal paperwork and comply with the legal filing requirements to ensure your case proceeds. 

Leads negotiations

Your attorney will use existing case law and evidence collected during pretrial negotiations to support your claim. They will attempt to get you a fair settlement without going to court. 

Provides updates

Your attorney will inform you about any progress with your case and what to expect next.

Explains options

Your lawyer will outline your legal options. For example, if the defendant offers a settlement, your attorney will explain the settlement terms and whether you will likely receive a better outcome if you go to trial.

Presents case 

Your lawyer will present your case in court if your claim goes to trial. 

When should I talk to an attorney about my medical malpractice lawsuit?

Ideally, you should contact a medical malpractice lawyer when you suspect medical negligence has impacted your health. Reasons to reach out to a law firm promptly include the following:

• Access to evidence: Starting a prompt investigation makes accessing physical evidence related to your claim easier. Over time, evidence may be lost or misplaced, making it challenging to prove some aspects of your claim.
• Statute of limitations: Every state has time limits for filing legal claims. Time limits prevent court backlogs and help ensure the defendant’s right to a timely trial. Nevada gives medical malpractice victims three years to file a medical malpractice claim. 
• Witness recall: Witnesses can be essential to your case, but people’s memories fade. Witnesses may also relocate, making it impossible to locate them. The sooner you initiate a legal claim, the better your chances of finding all witnesses with relevant information to support your claim. 

How Adam S. Kutner, Injury Attorneys, can help

You’ll receive expert legal guidance when you contact Adam S. Kutner, Injury Attorneys, for a free malpractice consultation in Las Vegas. Our legal team will investigate, verify the grounds for your claim, and let you know what to expect during the claims process. 
When you’re coping with unexpected and unnecessary medical issues because of medical malpractice, you want the best injury attorneys in Las Vegas on your side. We’ll fight for you to receive justice through a fair settlement for your professional negligence claim.