You expect a medical provider in Henderson to provide the best care possible. However, there are times when a healthcare professional is negligent, causing you to get hurt. If you are the victim of a healthcare practitioner’s negligence, consult with a Henderson personal injury lawyer to explore your legal options.
H&P Law has many years of experience with personal injury claims. Our Henderson medical malpractice lawyer is available to review your case. To get started, contact us today.
Types of Medical Malpractice
Medical malpractice refers to an instance where a medical professional deviates from an expected norm. It comes in many forms. Examples of malpractice include:
- Failure to diagnose a patient properly
- Not following up with a patient after a surgery
- Performing a surgery incorrectly
- Prescribing the wrong medication to a patient
If you have dealt with these issues or similar ones, meet with a Henderson medical malpractice attorney. According to research, in 80% of medical malpractice cases that go to trial, the defendant is successful. Fortunately, if you have an experienced attorney at your side, you can build a compelling argument to help you show a medical provider was negligent and you deserve damages.
Who Is Liable for Medical Malpractice
Anyone involved in the administration of healthcare services may be held responsible for an injury or death due to negligence. There are many parties who may be named as a defendant in a malpractice case. These include:
- Doctors
- Nurses
- Pharmacists
- Dentists
- Medical product or device manufacturer
Based on Nevada Revised Statutes (NRS) §11.190, you may be eligible to sue for damages if you are the heir or personal representative of a deceased person (decedent) who was killed due to a medical provider’s negligence. In this situation, you pursue damages on behalf of a decedent. This may help you recover damages relating to lost income and other damages you are dealing with due to a family member’s death.
How to Prove Fault in a Medical Malpractice Case
Nevada has rules in place relating to “professional negligence.” You are eligible to file a claim against a healthcare provider on your own behalf or if you are the heir of someone who died due to malpractice. To prove a healthcare provider was negligent, you must provide evidence that shows the following:
- A healthcare practitioner has a duty of care to treat you and other patients to the best of their ability.
- The practitioner violated this duty.
- Because the practitioner breached their duty, they caused an injury or death.
- The injury or death caused you to suffer losses.
At H&P Law, we have a legal team in place that understands what it takes to show a healthcare provider was negligent. Our medical malpractice lawyer in Henderson can take a look at your case and help you file your claim. For more information, reach out to us.
When to File a Medical Malpractice Claim
Per NRS §11.190, there is a two-year statute of limitations for malpractice claims. In most cases, you have up to two years from the date an injury was discovered to request compensation from an at-fault healthcare provider. You also have up to three years from the date of an incident that caused you to get hurt to pursue damages.
There are several exceptions to the period of limitations for malpractice claims. For example, if a child suffers a birth defect, the statute of limitations is 10 years. This means the child’s parent has until their son or daughter turns 10 to request compensation.
A medical malpractice attorney in Henderson can walk you through the process of filing a claim. They can help you submit an affidavit of merit to support your request for damages. In addition, they can answer frequently asked questions and many others about malpractice claims.
How an Affidavit of Merit Works
According to NRS §41A.071, you must prepare an affidavit of merit with your malpractice claim. The affidavit comes from an expert medical witness. This expert says your case has merit.
For someone to be deemed a medical expert, they must support your claim for damages. Also, they must identify the healthcare practitioner who committed malpractice. Along with these things, they must provide details about the malpractice that took place.
Your attorney can put you in touch with an expert who may be able to provide an affidavit of merit. It is important to provide medical records and other evidence to support your claim. If you have a preponderance of evidence, you can boost your chances of getting the maximum amount of compensation.
How Much a Medical Malpractice Claim Is Worth
You can request economic and non-economic damages in a malpractice claim. Economic damages are quantifiable, and non-economic ones are subjective. Damages you may be able to recover include:
- Medical bills
- Lost wages
- Pain and suffering
Based on NRS §42.005, punitive damages may be provided. These are awarded if a judge or jury wants to deter an at-fault party from committing future acts of negligence. They are offered in conjunction with economic and non-economic damages.
How a Medical Malpractice Claim Gets Resolved
You may use an alternative dispute resolution (ADR) model to resolve a malpractice case without a trial. For instance, your attorney can negotiate with a defendant and their lawyer on your behalf. They can help you reach an agreement that gives you sufficient compensation to cover your losses.
If settlement negotiations are ineffective, you bring your case to court. Your attorney helps you plan for your trial. They explain what can happen when a judge or jury reviews your case.
Your lawyer advocates for you throughout your trial. If your attorney compels the judge or jury to rule in your favor, you will be awarded damages. At this point, you receive the compensation you originally requested, and your case is closed.
Hire a Medical Malpractice Lawyer in Henderson, NV
H&P Law makes it easy to connect with a medical malpractice attorney in Henderson, NV. Our lawyer can provide tips and recommendations to help you pursue damages from a negligent healthcare provider. To request a free and confidential consultation, contact us today.
