Nevada Medical Malpractice Lawyer

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A malpractice case may be brought when a person is injured due to the negligence of a doctor, nurse, pharmacist, surgeon or hospital, among others. As employees of the hospital, medical care workers are considered agents of the hospital, thus making the hospital partly responsible in malpractice cases in the state of Nevada.

In the state of Nevada you have four years from the time you are injured, or two years from the date you injury is discovered or should have reasonably been discovered, whichever is earlier, to begin a medical malpractice suit. This is called a statute of limitations. In the state of Nevada the courts will take into account the degree to which the claimant contributed to their injury and count that against the final recovery. If there are multiple defendants in a case of malpractice, the jury or judge can decide to what extent each defendant's negligence was responsible for the injury and apportion damages comparable to the percentage of each individual's responsibility. Because of the complicated nature of medical malpractice law, it's important that anyone bringing a malpractice lawsuit have an experienced attorney by their side.

Most lawyers take malpractice cases on a contingency basis, which means that you do not pay any fees upfront, but instead pay a percentage of your award as attorney's fees. There may also be additional fees for incidental expenses, travel costs and expert witness fees, so make sure that you understand the nature of the fee agreement before signing a contract with your attorney.

One of the highest costs in a medical malpractice case may be for expert witness fees. Expert witnesses are health care professionals who can testify to the appropriate standard of medical care. They can help the attorney establish that the defendant deviated from this standard, and relate the patient's injury back to this deviation. Only in a rare case, where the medical error is so obvious that it does not require specific medical knowledge to understand the circumstance, is an expert witness not required.

There is no cap in the state of Nevada on the amount of compensatory damages, but there is a cap on punitive damages. If the negligence was malicious, obvious or fraudulent, a judge or jury may choose to punish the defendant financially to ensure proper procedures and patient treatment in the future.

In the state of Nevada, you may be required to attend arbitration prior to the filing of your claim. This is to weed out simple cases that can be resolved without court intervention. Your attorney should be able to tell you if you will be subject to arbitration and what to expect.

Medical malpractice cases are time-consuming and complicated. It may take years for a case to come to a conclusion. When choosing an attorney to represent you, keep in mind that this relationship will last for quite a while. You will also have contact with other staff at your attorney's office, such as paralegals and possibly a nurse legal consultant. Staff members will help to prepare your case and keep you informed throughout the process.


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