If we didn’t trust that people will stay in their lane, we would never drive down a two lane highway. Our society is built on trust; most of our daily activities rely on it. A trip to the doctor is no different. However, when a routine surgery goes wrong or when your doctor fails to diagnose your problem until it is too late, one can’t help to feel that trust has been violated. At Ladah Law, PLLC, we are experienced with medical malpractice law. We know what to do when this happens to you. Give us a call today: 702-570-2104

Medical Malpractice Cases and Causes

Medical malpractice is a subset of personal injury law that deals specifically with cases where a healthcare professional or facility’s negligent actions or omissions lead to harm or injury to a patient. Personal injury law, in general, covers a wide range of situations where individuals suffer harm due to the negligence or intentional actions of others, and medical malpractice falls within this broader legal framework.

When a surgery or other medical procedure leads to further complications requiring hospitalization or additional surgery, it is often difficult to find out what was the exact cause of the problem. HIPAA regulations and the reporting procedures of doctors and hospitals make it difficult for you and other medical professionals to find out why your surgery has turned into a health crisis.

Nobody likes to file suit against their doctor, however, sometimes that is the only way to gain access to the necessary information to find out why your elective surgery made everything worse. Gathering information and records from doctors, hospitals, anesthesiologists, and other entities requires specific permission that the law can obtain in these cases.

Not all medmal claims are filed against physicians. Any health care provider can fail to uphold their legal duty of of care to a patient and cause the patient to suffer a worsened condition. For example, a hospital’s administration can mishandle patient records, resulting in a patient receiving medication meant for another individual or a physician failing to take a patient’s health history into account when diagnosing him or her because the physician did not have the patient’s full medical record. Pharmaceutical companies can be responsible for patient suffering as well by manufacturing faulty, defective, or even dangerous drugs and products and marketing products in a misleading manner. Sometimes, more than one party’s negligence contributes to a patient’s worsened condition. In cases like this, the patient may file multiple claims, each addressing a different party’s negligence.

Determining the cause and the liable parties for medical mistakes makes it possible for you to receive just compensation for your medical complications. Our detailed legal approach means that we don’t miss the little things that created your medical disaster. The little things really matter in medical negligence & medical malpractice lawsuits cases.

How Does Medical Malpractice Occur?

Doctors and other health care providers have the well-developed knowledge and skills to treat their patients’ needs, right? After all, medical school and other educational programs for health care providers are rigorous, requiring full dedication of their students. So how can an oversight or a blatantly incorrect action by a healthcare provider happen? There are many reasons behind cases of medical neglect, negligence or malpractice by medical professionals, such as:

  • Staff exhaustion. To save money, it is not uncommon for hospitals and other health care facilities to employ a small staff. The issue with this is that staff members can easily become overworked and exhausted. A nurse who is 10 hours into a 12-hour shift might give a patient too much or too little medication by accident;
  • Misinformation about a product or treatment. Physicians are constantly learning about new developments in medicine and patient care. Pharmaceutical companies operate for profit and might downplay certain side effects of their products when educating physicians about them, putting patients at risk;
  • A lack of sufficient information about the patient. If a physician does not have access to a patient’s medical record or if the patient’s record is incomplete, the physician cannot examine the patient’s medical past to determine the types of treatment that are effective for him or her. Further, an individual’s medical record includes information like his or her allergies, which can play a crucial role in determining the medication he or she can be prescribed;
  • Device malfunction. Machines like CPAP and intravenous medication machines can malfunction, harming a patient;
  • Human error. When surgical equipment is left inside a patient or used on the wrong organ or area of the body, human error is to blame for the victim’s condition; and
  • Oversight. Misdiagnoses, incorrect diagnoses, and birth defects are often the result of a doctor failing to inform his or her patient about potential complications or the doctor failing to recognize certain symptoms. A doctor might also incorrectly link a symptom to another condition or make assumptions about the patient’s health based on other characteristics, such as his or her age or race, causing the doctor to diagnose a condition incorrectly. Failure to order follow-up testing is a frequent result of physician oversight. Physician oversight is recognized by examining the situation and determining if another physician would reasonably have taken the same action. A misdiagnosis is not an act of malpractice in itself, but if the misdiagnosis could have been prevented if the physician had been more careful or attentive, it may be one.

These are explanations for why medical malpractice occurs, not excuses for it. No matter what reason is behind your injury or worsened condition, if it occurred because of an act of professional negligence, that could have been prevented, you have the right to get legal representation and seek compensation for your damages through a claim. In some cases, patients die as the result of health care provider negligence. If you have lost a loved one to a preventable medical error, you can seek compensation for the damages associated with his or her death such as his or her burial expenses and medical bills, the loss of his or her econo

Seeking Recovery

Even though you may be reticent to seek for medical help at this point, seeking the proper medical attention to recover from your injuries should be your first priority. We can help you locate a physician that can examine your injuries and determine your best course for recovery.

We then set about gathering more data and evidence for your case. This can include photographs of the injury, recall information about the device or medication involved, and your medical record. When needed, we consult with doctors and surgeons who will review your records and testify on your behalf if necessary. They are expert witnesses, professionals whose expertise gives them the authority to speak about your case without personally having treated you. Medical negligence or medical malpractice suits, can be very complicated but we have the resources and experience to make sure you receive the compensation you need and deserve.

Give Ladah Injury & Car Accident Lawyers Las Vegas a call today for a free initial consultation.

Common Causes of Medical Negligence In Las Vegas

  • Birth Errors;
  • Emergency Room Negligence and Mistakes;
  • Failure to Treat Symptoms or Diagnose;
  • Medication Errors;
  • Misdiagnosis; and
  • Surgical Mistakes.

An act of malpractice by medical facilities can have a minor impact on a patient’s life, such as prolonging his or her recovery time from the original condition, or it can have a severe impact, potentially disabling the patient for life. A few examples of complications that can stem from medical malpractice include:

  • Internal and external bleeding, putting the patient at risk of going into shock;
  • Developmental delays in infants and children;
  • Broken bones and tissue damage;
  • Allergic reactions;
  • Paralysis, paresis, and other physical disabilities due to damage to the brain, spinal cord, or a specific body part;
  • Cognitive difficulties; and
  • Death.

No Recovery, No Fee. Call:702-570-2104

Be Proactive and Work with a Member of our Team of Las Vegas Medical Malpractice Lawyers

medical malpractice lawyers working with a client

In Nevada, the statute of limitations for medical malpractice claims is three years from the date of the patient’s injury or one year from the date that he or she should reasonably have discovered the injury, whichever comes first. Basically, this means that if you have been injured or lost a loved one from a wrongful death due to an act of medical malpractice, you have a limited amount of time to file your claim and seek compensation for your damages. This is why you need to be proactive and start working with an experienced medical malpractice lawyer as soon as you can. After corrective treatment has returned you to stable condition, contact our legal team here at Ladah Injury & Car Accident Lawyers Las Vegas to set up your free consultation with an experienced attorney at our Las Vegas office. We will discuss your rights and all of your legal options with you and if you decide to file a medical malpractice claim, we can represent your case and advise you every step of the way as you seek compensation. For a free consultation, call our full service law firm here at Ladah Injury & Car Accident Lawyers Las Vegas today regarding your Las Vegas medical malpractice claim.

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Frequently Asked Questions Involving Medical Malpractice

How Much Compensation Can I Receive?

Calculating your damages is a complicated legal process, that requires a little bit of guesswork. Generally, you can receive 100% of your economic losses, which includes things like:

  • Corrective surgery
  • Other medical treatment to fix the injury caused by your doctor
  • Prosthetics
  • Prescription drugs
  • Lost wages if you could not go to work while you recovered

Injured patients can also receive compensation for less tangible harms, such as:

  • Physical pain and suffering
  • Emotional distress
  • Disfigurement
  • Scarring

Hold onto all medical bills and receipts, which your attorney will use to calculate your economic losses. With respect to intangible non-economic losses, your attorney will use his or her experience to estimate the amount you can receive.

Is There a Maximum Amount I Can Receive in a Medical Malpractice Case?

Yes and no. As explained above, any compensation you receive can be broken up into two parts—economic losses and non-economic losses. Currently, Nevada law sets no limit on the amount of compensation you can receive for economic losses. If you can prove your medical care and lost wages total $1 million, then you can receive that much.

However, Nevada does have a damages cap for non-economic losses. As of 2018, the maximum amount is $350,000.

Do I Need an Expert Witness?

Yes. Nevada law requires that any complaint of medical malpractice claims filed in court must be accompanied with an affidavit of merit. This affidavit is created by a medical expert who must certify that the allegations set out in the complaint are supported by evidence. If you do not have this affidavit, then the court must dismiss your lawsuit.

One advantage of working with an established law firm like Ladah Law is that we can find qualified experts who will complete the required paperwork. These experts can also testify at trial, if necessary.

Will I Need to Attend a Medical Exam?

Possibly. Your condition might have improved or worsened since you last saw a doctor, so we might request that youmeet with a doctor for an evaluation.

Sometimes, the defense might want you to undergo a medical exam with a doctor hand-picked by the insurance company. Usually, they need to get a court order before we allow our patients to undergo this examination. If we don’t think this exam is in your best interest, we can try to convince the judge not to order it.

A Loved One Died and I Think a Doctor is to Blame. What do We Do?

Fortunately, Nevada’s wrongful death statute allows grieving family members to sue anyone who intentionally, recklessly, or negligently caused another person’s death. In most cases, a surviving spouse or surviving children can file the lawsuit. If your loved one had no spouse or children, then parents can file the lawsuit in court.

A wrongful death lawsuit is very similar to a malpractice case when the victim lives. The only real difference is that your loved one has died, so you stand in his or her shoes and bring the suit. You then must prove that a doctor or other medical professional made a mistake which led to your loved one’s death.

What Happens if My Medical Records Have been Falsified?

If a doctor makes a mistake, it is not outside the realm of possibility that he or she might falsify your records. As experienced Las Vegas medical malpractice attorneys, we can check your records for signs of tampering. As more records are electronic, we can often find out which information was added at a later date. Don’t worry—we do not assume that the records we receive are 100% accurate. Instead, we always look for signs of falsification.

How Long Will My Case Take?

There is no hard-and-fast rule. Each medical malpractice case is different, and certain defendants might be more motivated to settle than others. Having said that, a medical malpractice case often takes two to three years from start to finish. For a more precise answer based on the facts of your case, please contact our office.

I Have Received a Settlement from Another Insurer? Will this Affect My Case?

Receiving a settlement from a different insurer usually does not impact how much you can receive in a medical malpractice case. This is called the “collateral source” rule. Instead, you are entitled to a full recovery from the person who injured you. Because this is a complicated area of law with some exceptions, you should meet with an experienced Nevada medical malpractice attorney if you have questions.