Steps for Filing a Medical Malpractice Lawsuit

You’ve recently suffered injuries or damages after receiving medical treatment or care. After examining the situation, you realize that you are a victim of medical malpractice. You now want to file a medical malpractice claim, but you don’t know what the steps are to do it. According to the State Bar of Nevada, you must file a claim within a year of discovering the malpractice, so it’s important that you understand all the steps and complete them in a reasonable amount of time.

At Bighorn Law, our team of medical malpractice attorneys is dedicated to helping victims of medical malpractice get proper compensation for their injuries. Here are the steps you should take before filing your medical malpractice claim.

Step 1 – Talk to the Doctor Who Was Involved

In some states it is required to notify and discuss the claim with the medical professional before you can file it. According to, It is a good idea to discuss the situation with the doctor even when your state doesn’t require it. The doctor may be able to give you a better understanding of what happened and what went wrong. In some cases, the health care provider may even be able to provide services that will remedy the situation, making a lawsuit unnecessary.

Step 2 – Get in Touch With the Medical Licensing Board

Licensing boards might also be able to help you. In certain cases they can provide penalties to the doctor or health care provider, and they can also help you figure out your next steps.

Step 3 – Talk to a Medical Malpractice Lawyer

Medical malpractice cases can be extremely complicated, so you want to make sure you get in contact with a lawyer who specializes in this type of lawsuit. Your lawyer should have experience working with health care providers and insurance companies, as well as soliciting testimony from medical experts. Because medical malpractice lawsuits are complicated and very difficult to win, you should also rely on your lawyer’s guidance to decide whether to file a claim.

Step 4 – Obtain an Affidavit from a Medical Expert

In order to file a medical malpractice claim in the state of Nevada, you will need to provide an affidavit from a medical expert. The medical expert will need to specialize in the same field as the health care provider that you are filing the lawsuit against. In order for the lawsuit to proceed, the expert’s affidavit must demonstrate that the injuries were caused by an individual’s mistake and were not due to the patient’s age or illness.

There are a few situations where Nevada does not require an affidavit. They include:

  • A Foreign Object Was Unintentionally Left in the Body During an Operation
  • An Unintended Burn Was Suffered During Medical Treatment
  • A Procedure Was Performed on the Wrong Person, Organ, or Limb

Step 5 – File Your Claim

Our medical malpractice attorneys can help you through every step of the process. We will make sure that your claim is as strong as possible and will fight alongside you to get compensation. Contact us today.

Bighorn Staff

About Bighorn Staff