
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 60+ years of experience with personal injury claims. Our Henderson medical malpractice lawyer is available to review your case. To get started, contact us today.
Medical Malpractice Cases We Handle
Medical malpractice cases encompass a wide range of scenarios where healthcare providers fail to meet professional standards. If you suffered harm due to any of the following situations, you might have a valid claim. Each case type requires thorough investigation and evidence to support your claim.
Misdiagnosis or Delayed Diagnosis
A misdiagnosis or delay in diagnosing a condition can prevent timely treatment, leading to severe complications or worsened health outcomes. Common examples include failing to detect cancer or mistaking heart attack symptoms for less serious conditions. These cases often result in prolonged suffering and the need for extensive medical care.
Surgical Errors
Mistakes during surgery, such as operating on the wrong site or leaving instruments inside the patient’s body, can result in serious complications. These errors often require corrective surgeries and lead to prolonged recovery times. Patients may also face infections, internal injuries, or other life-altering consequences.
Medication Errors
Medication mistakes, including prescribing the wrong drug, incorrect dosages, or failure to check for allergies, can cause adverse reactions or worsen existing conditions. These errors are often preventable with proper care and attention. Victims of medication errors may require emergency treatment and long-term health monitoring.
Consulting a Henderson medical malpractice attorney with H&P Law can help you determine if your case qualifies for compensation. Your lawyer reviews the details of your situation, gathers evidence, and builds a strong case against negligent healthcare providers. Taking legal action can help you secure compensation and protect others from similar harm.
Types of Medical Malpractice
Medical malpractice refers to an instance where a medical professional deviates from an expected standard of care. It comes in many forms. Examples of malpractice include:
- Failure to diagnose a patient properly
- Not following up with a patient after 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 the National Library of Medicine, in 80% of medical malpractice cases that go to trial, the defendant is successful. Fortunately, if you have an experienced attorney on your side, you can build a compelling argument to help you show that a medical provider was negligent and that you deserve compensation for your 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) § 41.085, 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, you can meet our legal team, which understands what it takes to show that a healthcare provider was negligent. We can take a look at your case and help you file your claim. For more information, reach out to us.
Proving a Medical Malpractice Case in Henderson
Medical malpractice cases require clear evidence that a healthcare provider’s negligence directly caused your injury or worsened your condition. To prove your claim, you must establish four key elements: duty of care, breach of duty, causation, and damages. This process involves collecting medical records, consulting expert witnesses, and demonstrating how the provider’s actions deviated from the accepted standard of care.
Hiring a medical malpractice attorney in Henderson as soon as possible is crucial to building a strong case. Nevada law requires plaintiffs to file a complaint accompanied by an affidavit from a qualified medical expert under Nevada Revised Statutes (NRS) § 41A.071. We will do everything possible to ensure compliance with this requirement and help you meet all legal standards and deadlines.
Delays in seeking legal representation may jeopardize your claim by making it harder to gather evidence and secure expert testimony. Acting promptly allows your lawyer to investigate the case thoroughly, preserve key evidence, and build a compelling argument. Prompt action strengthens your ability to hold negligent providers accountable for their actions.
When to File a Medical Malpractice Claim
Per Nevada Revised Statutes (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.
We 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, we 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.
We 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
Every claim for medical malpractice carries its own unique set of circumstances. Once we have reviewed all the details of your claim, we may be able to estimate the total value of your case. Consulting with a dedicated and compassionate legal professional with H&P Law can be your first step in the evaluation of your claim.
Types of Compensation You Can Pursue in a Medical Malpractice Case
Medical malpractice cases often result in significant financial and emotional losses for victims and their families. Compensation is divided into two categories: economic and non-economic damages. These damages address the immediate and long-term effects of medical negligence, helping you rebuild your life after an injury.
Economic Damages
Economic damages cover the financial costs associated with your medical malpractice injury. These damages are tangible and measurable, providing reimbursement for expenses directly tied to your treatment and recovery. Common examples include:
- Medical expenses – Hospital bills, surgeries, and follow-up care are often costly and create financial strain for victims. Accurate documentation of these expenses is essential to securing reimbursement.
- Rehabilitation costs – Physical therapy, occupational therapy, or specialized medical equipment may be necessary for recovery. These expenses add up quickly and are recoverable under economic damages.
- Lost wages – Injuries often prevent victims from working, resulting in lost income. Compensation can cover the wages you were unable to earn during your recovery period.
- Future earning capacity – Long-term or permanent injuries may reduce your ability to work in the future. Compensation accounts for these losses, ensuring financial stability.
Non-Economic Damages
Non-economic damages address the intangible impacts of medical malpractice that affect your quality of life. These damages are subjective but no less significant, compensating victims for emotional and psychological harm. Examples of non-economic damages include:
- Pain and suffering – Chronic pain and physical discomfort caused by negligence can disrupt daily life. Compensation provides recognition of the physical toll on your body.
- Loss of enjoyment of life – Injuries often limit your ability to engage in hobbies, relationships, and other activities you once enjoyed. This loss can profoundly affect your overall happiness and well-being.
- Emotional distress – Anxiety, depression, and trauma are common after medical negligence. These effects are compensable and account for the psychological burden placed on victims.
Punitive Damages
Punitive damages are not intended to compensate victims but to punish healthcare providers for gross negligence or intentional misconduct. These damages serve as a deterrent, ensuring similar actions are avoided in the future. Nevada law under Nevada Revised Statutes (NRS) § 42.005 allows for punitive damages in cases where the defendant’s actions demonstrate malice, fraud, or a willful disregard for the safety of others.
Obtaining punitive damages requires clear and convincing evidence that the provider’s behavior went beyond ordinary negligence. These damages are awarded in addition to economic and non-economic compensation, reinforcing accountability for egregious conduct. Consulting with a Henderson medical malpractice lawyer is essential to determine whether punitive damages apply to your case.
Limits to Recovering Financial Damages in Nevada
Nevada law imposes specific caps on certain types of damages in medical malpractice cases. Under Nevada Revised Statutes (NRS) § 41A.035, non-economic damages, such as pain and suffering, are limited to $510,000 as of January 1, 2025. This cap applies regardless of the severity of your injuries or the impact on your quality of life.
Economic damages are not subject to any statutory limits. These damages are calculated based on actual financial losses and vary depending on the extent of your injuries and treatment costs. A skilled lawyer can help you maximize your recovery by accurately calculating both economic and non-economic damages.
Understanding these limitations is essential to managing your expectations and building a realistic claim. Your lawyer identifies all eligible damages and ensures your case accounts for immediate expenses and long-term financial needs. Knowing the scope of compensation available helps you plan for your financial recovery.
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 may need to 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.
We will advocate for you throughout your trial. If we compel 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 team 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.