When those responsible for protecting your health fail to fulfill that sacred duty, the results can be devastating. Medical practitioners take an oath to “first, do no harm,” and most honor that oath. Still, some medical practitioners do not. Through inattention or recklessness, they make mistakes. But sometimes, these mistakes cannot be fixed entirely–or fixed at all. Victims are left with physical damage, temporarily or permanently, and in the worst cases, lose their lives.
If you or someone you love is a victim of medical malpractice, a Pahrump personal injury lawyer from H&P Law can help. Doctors who uphold their oath deserve honor. Those who put those in their care in harm’s way must be held accountable. Reach out to a Pahrump medical malpractice lawyer from our team to fight for compensation and justice. You should not shoulder the financial burden incurred by a negligent healthcare provider.
Understanding Medical Malpractice
Medical Malpractice is a category of “professional negligence” in Nevada. The State has a set of laws established for addressing Actions of Professional Negligence. Under these laws, “professional negligence” is defined as “the failure of a provider of health care, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances by similarly trained and experienced providers of health care.”
Input from other medical experts qualified to render opinions regarding your provider’s action plays an important role in determining negligence. These experts will examine your situation. Their assertions that your provider offered care falling below the accepted standard or did not follow standards for medical practice are essential to proving your case.
Negligence differs from satisfaction, so overall dissatisfaction with the results of care or surgery is not enough to hold a practitioner negligent. Medical results are rarely “guaranteed.” That said, your dissatisfaction may be an indicator of a deeper problem, so discussing your case with a medical malpractice in Pahrump is in your best interests–after review, your medical malpractice attorney in Pahrump may uncover acts of negligence by your care provider.
Examples of Medical Malpractice
Medical malpractice takes a variety of forms. Do not automatically dismiss your concerns without speaking to a Pahrump medical malpractice attorney from H&P Law. For example, you may have grounds for a medical malpractice claim if you are hurt by
- A misdiagnosis (or missed diagnosis)
- Botched surgery
- An unnecessary surgery
- Improperly or over-prescribed medication
- A defective medical device
- Improperly administered medication
- Inadequate follow-up care after a procedure
- A medical practitioner, facility, device, or intervention in some way
Nevada’s Laws for Filing Medical Malpractice Claims
Nevada’s Statute of Limitations, the legal deadline for filing professional negligence claims, recently underwent changes, as defined in Nevada Assembly Bill 404 (AB404), which passed through the legislature and took effect in January 2024. Victims previously had to file three years from the date of the malpractice or one year from the discovery of consequences related to the malpractice. AB404 extends that discovery deadline to 24 months for incidents occurring after October 1, 2023.
Nevada Statute 41A.071 imposes an additional requirement when filing a professional negligence claim. With the claim, victims must submit an “Affidavit of Merit” that fulfills the following criteria:
- Supports the victim’s allegations
- Is submitted by a medical expert practicing, or with a history of practice, in a related area
- Identifies the names and describes the conduct of the negligent care provider
- Establishes through fact specific acts of negligence in “simple, concise and direct terms.”
Damages for Medical Malpractice
Prior to the implementation of AB404, victims could not collect more than $350,000 for non-economic damages in professional negligence cases. That amount will be increased by $80,000 yearly from January 2024 until reaching a new maximum of $750,000. There is no cap on economic damages, and your Pahrump medical malpractice attorney will fight for substantial compensation for your lost income, medical costs, continued care, and other financial expenses or losses incurred by the malpractice.
How a Medical Malpractice Lawyer in Pahrump Will Help You
First, your attorney will take care of all legalities involved in filing your claim within Nevada’s laws. You can also count on H&P Law to build a case specifically for you–we do not practice “cookie-cutter” law. We will also inform you of your case’s progress throughout the process so you feel empowered and involved, not stressed and left to wonder what is going on.
To build your case, we will review your situation with extreme care and collect vital evidence to support your case. Evidence will likely include:
- Medical records, which provide information on your diagnosis, treatment, medications, interventions, and care providers’ notes.
- Medical bills and receipts for related costs to show the financial impact of the malpractice.
- Communication between you and your healthcare and insurance providers. Communication can include emails, text services, and notes taken during phone calls.
- Witness statements from those present or involved over the course of your care and can testify to the effects of the negligence on your life.
- Statement from other doctors caring for you and who can provide expert input on the negligent provider’s level of care and its effects on your current medical situation.
- Employment status and income loss if the effects of your medical losses have left you unable to work and earn.
- Personal testimony, which can include written journal entries, videos or photographs of your injuries, text messages describing your condition, or otherwise personal documentation of your experience.
- Death certificates and autopsy reports if you are filing the suit after losing a loved one to malpractice.
Get the Compensation You Deserve with a Medical Malpractice Attorney in Pahrump
H&P Law has extensive experience with professional negligence cases. We know what evidence you need to get the settlement or trial verdict you deserve, and we know how to navigate this particularly complicated legal territory. We are prepared to negotiate fiercely with the negligent care providers’ insurance and legal representatives to reach an out-of-court settlement, but we will also be ready to fight for you in court if the other side does not offer a reasonable amount.
Call or send a message today to arrange a free consultation with a skilled, compassionate Pahrump medical malpractice lawyer from our team. We will take good care of you.
