Medical Malpractice in Carson City, NV

In an ideal world, every visit to a healthcare provider would result in improved health. However, medical malpractice incidents in Carson City can shatter this expectation. These tragic situations, while emotionally taxing, also present a labyrinth of legal challenges.

Knowledge is the first step towards empowerment and restitution. Consider the details below to better understand your options and why you may need a local attorney’s help.

What Evidence Do I Need for Carson City, Nevada Medical Malpractice Claims?

The burden of proof during a medical malpractice lawsuit is on the individual who alleges harm. Consequently, there are various requirements to meet in court. An attorney in Carson City, NV can assist you throughout the entire procedure.

There are several criteria that most states set to meet the legal standard for your claim:

• The injury presented in the claim resulted in additional harm. Currently, there are various types of pain and suffering for which a patient can pursue legal action.
• It is essential to establish that long-term injuries directly resulted from the doctor’s care. It cannot be due to a pre-existing condition.
• It is necessary to establish that the doctor was negligent in their diagnosis. Filing a medical malpractice lawsuit cannot rely on personal dissatisfaction with the treatment or diagnosis.
• There was a professional relationship between the doctor and the patient.

Nevada Revised Statutes also describe the evidence needed in different medical malpractice cases. A few examples that may apply to your situation in Carson City include the following:

• Surgeons left a foreign substance in someone’s body after surgery

• Treatment resulted in chemical or radiation burns

• Doctors treated the wrong limb or another part of the body

Hospital Responsibility

There are several criteria that most states set to meet the legal standard for your claim: You might question whether it’s possible to sue the Carson City facility that employed the doctor. In the majority of cases, hospitals will not be responsible for malpractice. This legal protection happens because most doctors are independent contractors. However, you do have options if the incident involves a nurse or other hospital staff in Carson City, Nevada.

The Varying Types of Medical Malpractice

If you fulfill the requirements to initiate a claim, you have a valid basis for filing. However, you must identify the category under which your claim falls. The most prevalent typically consist of the following:

• Non-disclosure of Risks – The physician neglects to communicate the potential problems associated with a procedure or treatment. Alternatively, they could fail to fulfill their responsibility of obtaining informed consent.
• Misdiagnosis – The physician inaccurately identified your medical condition, leading to harm or injury.
• Inappropriate treatment – A physician provides substandard or unorthodox care that deviates from accepted standards.

Some other categories or factors may contribute to filing a lawsuit, including the following: 

• Conducting unnecessary procedures or surgeries
• Failing to provide appropriate follow-up or insufficient post-care assistance
• Committing surgical mistakes
• Misinterpreting or disregarding laboratory test results

Damages Available in Carson City, NV

Courts typically award three types of damages in medical malpractice cases:

• Special Damages – Compensation for medical expenses and lost income
• Punitive Damages – Compensation granted as a form of punishment to the liable medical professional or facility
• General Damages– Compensation provided for the physical or emotional distress caused by the doctor’s negligent actions

Nevada imposes a limit on non-economic damages in medical malpractice lawsuits, such as pain and suffering. The cap is set at $750,000, regardless of the number of defendants. However, it’s important to note that there are exceptions. Cases involving gross negligence or intentional misconduct in Carson City may call for a more substantial judgment.

Statute of Limitations

Medical malpractice claims are subject to a stringent statute of limitations. Failing to file the lawsuit in time will result in the court dismissing the case, regardless of the merits.

The statute of limitations for medical malpractice lawsuits in Carson City is generally three years. However, one exception is the “discovery rule.” This legal doctrine allows you to file within one year of having reasonably discovered the injury.

Medical Malpractice Review Panels

Many states require that you present your claim to a review panel. This board examines the evidence and testimonies to determine whether medical malpractice happened.

It’s important to note that the panel’s decision does not hold the same weight as a court’s decision. But going through this process is often a necessary step toward a lawsuit. Additionally, the panel’s findings can significantly enhance the credibility of a claim.

The Nevada Board of Medical Examiners needs relevant information and documentation to review your complaint. They can also request additional medical records, invoices, and other supporting evidence. Contact a local attorney if you have questions. This process can be essential to a successful case in Carson City.

Do I Need to Hire an Attorney?

Medical malpractice claims in Carson City, Nevada can be intricate and challenging to substantiate. It can be daunting, particularly if you still suffer from the repercussions. Accordingly, we advise seeking guidance from a personal injury attorney in Carson City.

Engaging the services of a medical malpractice attorney offers numerous benefits. When collaborating with an attorney, they typically undertake the following tasks:

• Constructing and developing your case
• Representing your claim in court
• Assisting you in preparing for the medical malpractice review panel
• Identifying and securing expert witnesses to provide testimony in your favor
• Gathering crucial evidence

Work with an Experienced Local Lawyer in Carson City, Nevada

Your case has significance, and you deserve zealous legal assistance. We have a network of attorneys in Carson City who can help. We can even help you connect with an attorney across Nevada state lines.

Submit a request online or call us today at (866) 345-6784!