The Price of Negligence: Nevada Medical Malpractice Lawsuits
Medical malpractice has become a growing concern in the United States, and the price is beyond financial repercussions. The suffering associated with medical error is both physical and emotional and can affect one’s life. This is because the error is preventable and caused by the negligence of healthcare professionals.
In the medical field, healthcare professionals are expected to maintain a certain standard of care towards their patients. If this standard is not met, the patient’s condition worsens. So, if you can prove your doctor isn’t maintaining the duty of care, you can file a medical malpractice lawsuit.
This way, you can get financial compensation for the doctor’s breach of duty and negligence in treating you. This way, you can recover your losses from the wrongful treatment and suffering and get treated somewhere better.
The Burden of Proof in Nevada
When you are pursuing a medical malpractice lawsuit, then having appropriate proof to prove your claim is essential. You need to demonstrate four elements of negligence to prove that medical malpractice occurred successfully.
The four elements include:
- Duty of Care: First, prove that you have a duty of care from your doctor. This is because medical personnel must treat patients with a certain level of care. The care given by other medical professionals in a comparable circumstance establishes this standard of care and safeguards.
- Breach of Duty of Care: Your doctor has violated their duty of care if they don’t provide the level of care that the industry expects.
- The Breach Caused Harm: It is not enough that your doctor breached his or her duty of care. You must also prove that the mistake caused you harm. You must link your injuries to the medical error to prove that the breach of care was the cause. This may require expert witnesses and medical evaluations performed by another doctor.
- Damages: You must calculate your losses into a dollar amount. These damages include both your economic and non-economic damages.
Your lawyer must successfully demonstrate these four elements in your medical malpractice lawsuit. You will need supporting evidence and expert testimony to demonstrate the breach of these four elements.
Damages in Nevada Medical Malpractice Lawsuits
In Nevada, medical malpractice victims can seek financial compensation, called damages, from the responsible party. Damages are intended to help compensate for medical negligence’s physical, emotional, and financial tolls.
The tangible losses, such as medical expenses and lost wages, are called economic damages. Intangible losses, such as pain and suffering, are called non-economic damages. A medical malpractice lawyer can advise if both damages are capped at certain amounts. He or she can also advise if punitive damages are allowable in your circumstance.
Your medical malpractice lawyer will also consider your future losses when calculating damages. This includes future surgeries, rehabilitation, and medical devices you need to recover. This will also include your future earning capacity if your ability to return to work is impacted.
When Should You File a Medical Malpractice Claim?
Nevada has a statute of limitations for bringing legal action for medical negligence. If you have experienced medical negligence in Nevada, you must finish your claim within three years of the day you became injured or within one year of discovering your injury.
The state of Nevada extends the statute of limitations until the child is ten years old if the youngster sustained brain damage in your medical malpractice lawsuit.
Suppose it can be demonstrated that the doctor or other healthcare practitioner who performed your operation hid their error from you when you should have been notified. In that case, Nevada will also make an exception.
You will no longer be able to pursue compensation for your injuries if, for whatever reason, you choose to make your claim after the deadline has already gone. Your case will almost certainly be dismissed. You must investigate submitting your claim as soon as you can.
Steps to Take After Medical Malpractice
If you are a victim of medical malpractice, there are actions that you should take to protect your rights and support your case.
- Seek Medical Treatment: You should get a second opinion on your medical conditions or any further treatment you may need.
- Request Copies of Your Medical Records: Get copies of all medical records related to the medical error. It might also be helpful to have copies of your medical history to help establish your health condition before the negligent care.
- Document Details: You should keep detailed records of any symptoms you experience, treatments you receive, and your interactions with your healthcare professionals. You can also keep a pain journal to document how you feel as you recover.
- Seek Legal Advice: Start consulting with medical malpractice lawyers immediately. He or she will review and assess your situation to outline your legal options.
Taking these steps can help strengthen your case and recover fair compensation, including past and future losses. Your medical malpractice lawyer will help guide you through the legal process and keep you updated so you can focus on your health.
Bonus: What are the Latest Changes to the Nevada Medical Malpractice Lawsuits?
One of the most major changes to the Nevada Medical Malpractice Lawsuit is the addition of AB404. Now, what is that you ask?
Introduced in March 2023, AB4040 was signed into law on June 15, 2023. The hikes become operative on January 1, 2024.
AB404, which amends Nevada’s medical malpractice laws, raises the medical liability caps for victims of medical malpractice.
Additionally, AB404 caps the amount of legal expenses that can be charged in cases of medical misconduct.
What Does This Law Change?
A 2004 referendum limited the maximum amount of non-economic damages that victims of medical negligence in Nevada might obtain in a lawsuit.
By lifting these restrictions, AB404 increases the amount of non-economic damages that victims may be awarded. AB404 guarantees that victims will retain a larger portion of the damages they obtain and allow them to pursue further damages.
Additionally, AB404 caps the amount of money personal injury lawyers can take home from settlements involving medical malpractice.
AB404 likewise affects the statute of limitations for medical malpractice claims. In some situations, this law prolongs the filing of a lawsuit.
Increases In Cap Damages
The highest non-economic damages victims could obtain in medical malpractice lawsuits was $350,000 since the 2004 referendum.
Non-economic damages cover the following and are intended to make up for the psychological and emotional toll that an injury has taken on a victim:
- Depression and Anxiety,
- Intimacy loss,
- Anguish,
- Trauma.
Trauma AB404 raises the cap on maximum damages by $80,000 per year. The hikes will take effect on January 1, 2024, and last until January 1, 2028. With these yearly rises, the damages cap will reach $750,000. At that point, a new cap system will go into place. There will be an annual increase of 2.1% in the damages cap starting on January 1, 2029.
Conclusion
In case you were searching for information related to the Nevada Medical Malpractice Lawsuit, I hope that this blog has been of help to you. If you have any other queries, please feel free to let us know. Comment below our questions and suggestions in the box at the bottom of the page. Till then, stay safe!
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