The state of Nevada has specific laws relating to medical malpractice. These laws recount the procedures that must take place in order to file a medical malpractice lawsuit, as well as how the state handles damages for the victims.
Medical Malpractice Damage Caps
In the case of economic damages, the state of Nevada does not have a set cap. This means that the complainant can sue for the totality of the losses, including lost wages, hospital bills, rehabilitation expenses, and other damages that can be easily quantified.
In Nevada, there’s a $350,000 cap in non-economic damages for medical malpractice complaints. This means that each claimant may get up to that amount from the offender in the case of non-economic medical malpractice damages. This type of damages is subjective and cannot be easily calculated. For example, non-economic damages can include anxiety, depression, suffering, and pain.
Timely Lawsuit Filing in Las Vegas
The civil court system handles medical malpractice claims in Nevada. There is a time limit of three years from the date of the injury for filing medical malpractice suits. In the case of children with brain damage or birth defects, the time limit to file a medical malpractice claim is 10 years from birth. If the case is not filed in a timely manner, the healthcare provider will ask the court system to dismiss the case. Medical malpractice claims can be very complex. Contacting an experienced attorney is recommended.
An affidavit of merit is required for a medical malpractice claim in Las Vegas. It is also necessary to get a medical witness confirming the injury was caused by medical malpractice. The first step in filing a claim is to consult with a qualified attorney to discuss the case and possible courses of action.
These types of cases can be more costly than others because of their complexity and the need to also hire medical experts in the same field as the suspected medical practitioner. A third-party practitioner will help determine whether the healthcare provided deviated from standard medical practices in causing the injury.
Types of Medical Malpractice Claims in Las Vegas
There are three types of medical malpractice claims in the state of Nevada:
• Gross negligence
• Professional negligence
• Malicious conduct
Medical negligence can range from the wrongful prescription of medicine or surgery to sponges and other items left inside the body after surgery. Surprisingly, sponges left in the body are one of the most common causes of medical malpractice claims. Although nurses are required to count sponges, sometimes surgeries need to be sped up and the nurse might forget to count. This sponge gets infected inside the body, wreaking havoc on the patient’s health and possibly causing death.
If you experience pain or infection due to a foreign item that was left inside your body during surgery, or any other situation that might be medical malpractice, it might be time to contact an experienced medical malpractice attorney and to file a lawsuit. Timeliness is of the essence in these cases, so it’s important to call as soon as you notice pain or suspect that medical malpractice has taken place.