How To Sue a Doctor for Medical Malpractice

How long do you have to file a medical malpractice lawsuit in Nevada?

The statute of limitations for medical malpractice in Nevada, the limit on how much time a victim has to file a legal claim, is outlined in Nev. Rev. Stat § 41A.097. Under this law, if a victim’s injury or death was caused by medical malpractice before October 1, 2023, a lawsuit must be filed within one year from the date the victim discovered their injury or three years from the date of the injury — whichever comes first. 

Assembly Bill 404 amended the statute in 2023. The amendment details that injuries or deaths that happen on or after October 1, 2023, must be filed within two years from the date the plaintiff discovers their injury or three years from the date of the injury — whichever comes first.

There are instances where the statute of limitation can be “tolled” or paused. This allows a victim more time to bring forward a lawsuit. This typically happens if a healthcare provider “conceal[s] any act, error or omission upon which the action is based and which is known or through the use of reasonable diligence should have been known.”

There are statutes of limitations for different types of personal injury cases. For example, if you were involved in a car accident, you and your auto accident lawyer will have two years from the date of the accident to file a lawsuit. 

Medical malpractice vs. negligence 

In a broad sense, medical malpractice and medical negligence can mean similar things and have overlapping characteristics. However, the difference between both terms boils down to intent.

Medical negligence occurs when a healthcare provider accidentally harms a patient after making a decision or performing an action. The provider’s intent was not to harm the patient, but the patient was harmed nonetheless.

Medical malpractice is when a healthcare provider is aware of risks that a patient could suffer but continues with their action or decision nonetheless. Generally, medical malpractice results from a healthcare professional not following proper guidelines or protocols that minimize risk to their patients.  

What would be considered malpractice?

Medical malpractice is a broad term but is generally defined as an act or omission of information from a physician or healthcare provider during treatment that goes against the standard for patient care. As a result, this act or omission of information causes a patient to suffer an injury. 

Because of this broad definition, many actions can fall under the umbrella of malpractice. At Adam S. Kutner, Injury Attorneys, our team will evaluate the nuances of your case to determine what legal actions your doctor and/or the medical facility you received care in could be held liable for. 

Can I sue a doctor? 

If you have suffered an injury and you believe your injury was the result of your doctor’s actions or inactions, you have the right to sue them for damages. To pursue a medical malpractice lawsuit, however, you must show that your doctor’s actions caused you an injury. Simply being dissatisfied with a healthcare service you’ve received does not qualify as medical malpractice. 

Suing a doctor for medical malpractice can be complicated. At the heart of a medical malpractice lawsuit is the legal concept of negligence. Negligence is regarded as a healthcare provider’s failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. 

In pursuing a successful malpractice lawsuit, your case must be able to prove several factors, such as the physician failed to provide a proper standard of care and failed to adhere to certain healthcare standards; they were negligent in their actions, and an injury resulted from their negligence; had it not been for the negligence, your injury would not have occurred; and that you’ve suffered damages (losses) as a result of your injury. 

Can you sue a doctor for not treating you?

Yes, in some cases, you may be able to sue a doctor for not treating you. It largely depends on the context of your patient-doctor relationship.

In 1986, Congress enacted the Emergency Medical Treatment and Active Labor Act (EMTALA Act). Under this act, private hospitals that receive public funding via Medicare are required to treat anyone in need of medical care, regardless of whether they can afford services. If you have been denied care in this setting, you may be able to sue for medical malpractice.

If you are already receiving treatment from a healthcare provider, and they decide to stop treating you and do not provide adequate follow-up care, you may be able to pursue a medical malpractice lawsuit as well. 

What can you sue a doctor for?

Doctors are humans, and all humans make mistakes. Despite this, even when a mistake occurs, a doctor can still be sued for their actions. Their negligence may not have been intentional, but it can still result in life-altering complications for which you can hold them accountable. Common reasons to sue a doctor may include: 

• A misdiagnosis or a failure to diagnose
• Failure to order appropriate tests
• And unnecessary surgery
• A surgery that is executed on the wrong part of the body
• Leaving medical tools, gauze, and other objects inside of a person’s body after surgery
• A patient feels persistent, chronic pain after a surgery
• Prescribing the wrong medication or the wrong dosage
• Ulcers resulting from pressure (bed sores) because of a physician’s lack of aftercare
• Not following up with a patient after their treatment
• Failure to provide a proper standard of care 

How much are medical malpractice settlements? 

Generally, malpractice settlements can range anywhere from $100,000 to upwards of tens of millions of dollars and more. Available data shows that between 2010 and 2019, $42 billion was paid to the victims of medical malpractice. States including New York, Pennsylvania, and Florida had some of the highest total payouts at $6.9 billion, $3.6 billion, and $2.4 billion, respectively. High-profile medical malpractice cases can amount to millions. If punitive damages are involved, settlement costs can be even higher.

Contact a Las Vegas medical malpractice lawyer 

Medical malpractice cases can have life-altering consequences for you and your family. Get the legal representation you deserve and the compensation you’re entitled to when you work with a personal injury lawyer. Contact the team at Adam S. Kunter to speak with a Las Vegas medical malpractice lawyer to understand your rights and options.