Las Vegas Medical Malpractice Lawyer

A personal injury occurs whenever one party’s actions cause harm to another party. Personal injuries may happen due to intentional misconduct of some kind or negligence, a term that defines failure to exercise reasonable care and caution in a given situation. Medicine is an inherently uncertain field and there is a margin for error in virtually every course of medical treatment used today. When a medical professional crosses the line between an honest and understandable mistake and harm caused through negligence, this forms the foundation of a medical malpractice case.

To succeed with any medical malpractice claim in Las Vegas, the plaintiff must prove the following:

• A patient-physician relationship existed between them and the defendant. This means the defendant must have agreed to treat the patient, and the patient must have agreed to the treatment.
• The defendant failed to meet the standard of care applicable to the plaintiff’s condition. The professional medical community reaches a consensus regarding accepted medical treatments for known conditions based on the most recent research. They may only stray from a patient’s standard of care if the typically accepted course of treatment would be dangerous or ineffective due to the patient’s unique individual health characteristics.
• The defendant’s breach of the standard of care caused actual harm to the patient. This means the plaintiff must prove they suffered tangible and measurable losses from the defendant’s actions, such as increased health care expenses, lost income from the inability to work, and physical pain and suffering.
• The harm in question would not have occurred but for the defendant’s medical malpractice. In other words, the plaintiff must have evidence to show that their damages could not have resulted from any other cause.

An experienced Las Vegas medical malpractice attorney is the ideal resource to consult if you need help proving these elements of negligence. Under Nevada law, the plaintiff who wishes to bring a medical malpractice suit against a doctor, nurse, or other healthcare professional must obtain an affidavit of merit from an appropriately qualified physician to accompany their claim.

This affidavit of merit is crucial, and a claim is likely to be thrown out if the plaintiff does not provide it. The affidavit must come from a medical professional who possesses medical credentials identical to or greater than the defendants. They must also have the same medical board certifications. For example, a general practitioner cannot submit an affidavit against a board-certified specialist if they do not have the same board certification.

Easton & Easton can help our client meet the foundational requirements of their case, securing the affidavit of merit they need to substantiate their claim for compensation and helping them file the case within the applicable statute of limitations. Once you have completed the preliminary steps of your case, the next challenge is proving the full extent of the damages you suffered because of the defendant’s medical malpractice.

The term medical malpractice is quite broad and can apply to any type of injury that occurs in a medical treatment setting because of a medical professional’s failure to meet their patient’s standard of care. A few of the most commonly reported types of medical malpractice that occur in Las Vegas include:

• Diagnostic errors. Diagnosing physicians must use an appropriate differential diagnostic procedure to accurately determine their patients’ conditions. Some medical conditions will mimic the appearance and symptoms of others, so there is always a margin for error in most diagnoses, but there is a difference between an honest mistake and a failure to properly diagnose a patient due to negligence. If a patient is incorrectly diagnosed, they could be subjected to treatments that are harmful and do nothing to correct their actual condition, and their actual problem may continue to worsen to critical levels.
• Surgical errors. Any surgery entails a degree of risk to the patient, and the surgeon performing a procedure must have the victim’s informed consent to proceed with the treatment in question. If a surgeon operates on the wrong body part, traumatically injures the patient internally due to incompetence, or otherwise causes harm through negligence, this can result in devastating injury.
• Anesthesia errors. Anesthetics are necessary for many medical procedures, especially surgeries. Anesthetizing agents allow medical professionals to keep patients sedated as they perform operations and treatments that would be too painful for the patient if they were awake. However, incorrect and negligent applications of anesthesia can be incredibly harmful or even fatal. Liability for an anesthesia error could fall to an anesthesiologist, a surgeon, or a combination of multiple parties.
• Medication errors. Doctors who prescribe their patient’s medications must ensure their prescriptions are accurate, and pharmacists who fill those prescriptions must verify dosage, instructions, and indications for potential adverse interactions with other drugs. Medication errors have the potential to cause gradual harm to the patient, but they may also cause acute traumatic injury or illness.
• Professional misconduct. Doctors and other medical professionals have inherently stressful jobs, and this, unfortunately, encourages some to attempt medical treatment while under the influence of alcohol or drugs. Whenever professional misconduct amounts to medical malpractice and causes patient harm, the defendant not only faces liability for the victim’s damages but also professional consequences, potentially including loss of their medical licenses.
• Emergency room errors. The emergency room is inherently the most chaotic and demanding part of any hospital, and emergency room staff face tremendous pressure to ensure every patient receives the medical care they need as promptly as possible. Emergency room error claims may entail failure to treat a patient, incorrect diagnosis, or other negligence on the part of medical professionals or hospital staff working in the emergency department.
• Birth injuries. Any injury to a mother or her child during childbirth can be incredibly traumatic for the family. Infants injured during childbirth commonly develop permanent medical complications that can impede their cognitive, physical, social, and behavioral development. Birth injuries can also impose long-term or lifelong medical expenses on the parents.

This is not an exhaustive list of all the ways that medical malpractice might manifest in Las Vegas hospitals or other treatment facilities. If you are unsure whether an injury you recently suffered in a medical setting constitutes grounds for a civil suit, it is imperative to reach out to an experienced Las Vegas medical malpractice attorney as soon as possible.

Easton & Easton can review the details of how your injury occurred and help determine the most viable method of holding the at-fault party accountable for the harm they’ve done. Our team has successfully helped many past clients secure compensation for their injuries from malpractice and other personal injuries, and we are ready to apply this experience to your case.

Under state law, the defendant responsible for the medical malpractice injury you experienced is fully liable for any and all economic losses the injury inflicted on you and your family. Nothing limits economic damages in medical malpractice claims filed, and working with an experienced Las Vegas medical malpractice attorney is the optimal way to ensure maximum compensation for these financial damages. At minimum, a medical malpractice claim plaintiff who succeeds with their case can expect to secure compensation for their medical expenses and lost income.

The doctor or other medical professional who harmed you is responsible for any medical expenses you incur for necessary corrective treatment. This includes any potential long-term medical expenses you might incur for future treatments your injuries require. For example, you may require not only extensive immediate treatment following your injury but also ongoing rehabilitative and therapeutic care for many years. In addition, the defendant is liable for all medical expenses that directly result from their malpractice.

If you cannot work because of your injury, the defendant is liable for the money you cannot earn. The same rule would apply to lost future income if they caused a disability that prevents you from returning to work in the future. Your Las Vegas medical malpractice attorney can help calculate the future income you can no longer earn because of their malpractice, accounting for the age you expected to retire and future inflation.

The plaintiff in a medical malpractice suit also has the right to seek pain and suffering compensation from the defendant. Unfortunately for the plaintiff, state law limits non-financial damages in medical malpractice claims to $350,000 regardless of the severity of the victim’s losses. Working with a seasoned Las Vegas medical malpractice attorney is the ideal option for maximizing this aspect of your recovery and securing as much compensation as possible from the defendant who injured you.

Most of the personal injury cases filed in Las Vegas each year end in private settlement negotiations, and this applies to medical malpractice cases as well. It behooves a defendant to settle a civil suit as quickly as possible to avoid protracted litigation that will lead to more expensive legal fees. The plaintiff also benefits from a swift settlement, securing the compensation they need to recover more quickly than a trial would allow. However, settlement requires both parties to be willing to negotiate and compromise on mutually acceptable terms.

In the event that the defendant in your claim refuses to negotiate, denies liability, or contests the scope of damages you are seeking in your claim, your case will need to be resolved through litigation. Therefore, it’s vital to have legal counsel you can trust if your case proceeds to this stage. Your attorney will help prepare for your courtroom sessions and present the most compelling case possible before the judge.

Ultimately, whatever your medical malpractice claim entails, you have the greatest chance of securing the compensation you legally deserve with experienced legal counsel on your side. Easton & Easton can help secure the evidence needed to firmly prove that the defendant violated the standard of care you required in your case, and we will also look for every available avenue of compensation that might be available to you to enhance your final case award. We will seek to settle your medical malpractice case swiftly if possible, but we have the resources, skill, and experience to represent you in litigation if necessary.

Q: What Constitutes Medical Malpractice?

A: If you are unsure whether you have grounds to file a medical malpractice claim in Las Vegas, it is important to know Nevada’s law regarding the definition of medical malpractice. The most basic definition is a medical professional’s failure to meet the standard of care a patient requires for their injury or illness. There is a difference between an honest mistake made in good faith and an injury caused by medical malpractice, and an experienced Las Vegas medical malpractice attorney is the ideal resource to consult to help determine whether you experienced the former or the latter.

Q: How Much Compensation Can You Claim for Medical Malpractice in Las Vegas?

A: If you can prove that you suffered harm from medical malpractice, the defendant who injured you is responsible for compensating you for all the medical expenses you incurred from the injury. They are also liable for the money you can’t earn because of the injury they inflicted, and state law allows the plaintiff to seek as much as $350,000 in compensation for their pain and suffering. Your Las Vegas medical malpractice attorney can offer an estimate of your claim’s potential value.

Q: What Is the Most Common Type of Medical Malpractice?

A: Negligent diagnostic errors are the most common types of medical malpractice reported in the United States. These may include failure to diagnose a serious illness, delayed diagnosis, or delivering an incorrect diagnosis. Any type of diagnostic negligence could allow the patient’s actual condition to worsen, and it may also subject them to ineffective or even potentially harmful treatments they do not actually need.

Q: How Long Do I Have to File a Medical Malpractice Claim in Las Vegas?

A: The Nevada statute of limitations on medical malpractice claims is three years from the date the malpractice occurred. However, the evidence of medical malpractice is not always immediately noticeable for every victim. Therefore, in the event that you are unable to detect the effects of medical malpractice right away, the statute of limitations shifts to one year from the date the victim discovers the harm that’s been done to them.

Q: How Much Will a Las Vegas Medical Malpractice Attorney Cost?

A: The attorneys at Easton & Easton accept medical malpractice and other personal injury clients on a contingency fee basis. This ensures the client pays no upfront or ongoing legal fees, and they pay nothing at all if our team is unable to secure compensation on their behalf. In addition, if we win your medical malpractice case, we will only take a portion of the total amount of compensation we secure on your behalf. Again, this ensures there are no financial risks to you when you choose our firm to represent your claim.

The attorneys at Easton & Easton know the stress, uncertainty, and frustration that can follow any injury caused by medical malpractice. If you trusted any healthcare professional in Las Vegas to provide safe and effective treatment and they negligently violated your trust, we can help hold them accountable. If you’re ready to learn how our team can assist in your recovery efforts, contact us today and schedule a conference with a Las Vegas medical malpractice attorney.