What Constitutes Medical Malpractice in Nevada?

When we visit a doctor, we trust that their years of experience and training will guide them in making the right medical decisions. But doctors and healthcare providers are human, and mistakes happen. Some mistakes are minor, but others can lead to life-changing injuries or even death. When a medical error is caused by negligence, it may be considered medical malpractice.

Medical malpractice laws exist to protect patients who have suffered due to a healthcare provider’s failure to provide proper care. If you or a loved one has been a victim of medical negligence in Nevada, understanding the legal process can help you decide on the best course of action.

Understanding Medical Malpractice in Nevada

Medical malpractice happens when a doctor, nurse, hospital, or other healthcare provider fails to meet the standard level of care, causing injury or harm. In Nevada, medical malpractice is legally defined under Nevada Revised Statute (NRS) 41A.009:

“The failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances.”

In simpler terms, if a healthcare provider makes a grave mistake that another competent provider would not have made in the same situation, it may be malpractice. However, not every medical error qualifies. The law requires clear proof that negligence directly caused harm.

Examples of Medical Malpractice

Medical malpractice can take many forms, including:

• Misdiagnosis or Delayed Diagnosis – A doctor fails to diagnose an illness or makes the wrong diagnosis, leading to harmful delays in treatment.
• Surgical Errors – Performing surgery on the wrong body part, leaving surgical tools inside a patient, or making critical mistakes during an operation.
• Medication Mistakes – Prescribing the wrong medication or dosage can cause severe reactions or complications.
• Premature Discharge – Releasing a patient too soon without ensuring they are stable, leading to further health issues.
• Failure to Order Tests – Neglecting to perform necessary tests that could have prevented complications.
• Infections from Hospital Negligence – Patients acquiring serious infections due to unsanitary hospital conditions or improper post-surgical care.
• Bedsores and Neglect in Nursing Homes – Poor care in long-term facilities leads to severe injuries or infections.

How to Prove a Medical Malpractice Case

Not all medical mistakes qualify as malpractice. To have a valid case, the patient must prove three key elements:

1. Duty of Care

The healthcare provider must have had a doctor-patient relationship with the victim. This means the provider was responsible for the patient’s treatment and had a legal duty to provide competent care.

2. Breach of Duty

The patient must show that the healthcare provider failed to meet the standard of care expected in their field. This means proving that another competent provider in the same situation would not have made the same mistake.

3. Causation & Damages

The patient must demonstrate that the provider’s negligence directly caused harm, such as severe injuries, disability, or financial loss. If the damage had occurred regardless of the provider’s actions, it may not have been considered malpractice.

Nevada’s Medical Malpractice Laws and Insurance Requirements

Medical malpractice laws in Nevada are designed to balance patient rights with protecting healthcare providers from excessive lawsuits. Some of the key laws include:

“Nevada law imposes a cap of $350,000 on non-economic damages in medical malpractice lawsuits, including pain and suffering.”

Economic vs. Non-Economic Damages

• Economic damages cover financial losses such as medical bills, lost income, and future medical care. In Nevada, there is no cap on economic damages.
• Non-economic damages include pain and suffering, emotional distress, and loss of quality of life. Nevada caps non-economic damages at $350,000 per case.

Nevada Malpractice Insurance

Most doctors and healthcare facilities in Nevada carry malpractice insurance to cover potential lawsuits. This insurance helps protect both providers and patients by ensuring there are funds available for legitimate claims. The cost of malpractice insurance varies depending on the doctor’s specialty and risk level.

Statute of Limitations for Medical Malpractice in Nevada

If you are considering filing a medical malpractice lawsuit, you must act quickly. Nevada law sets strict deadlines for when claims must be filed.

“A medical malpractice lawsuit must be filed within three years of the injury or one year from the date the injury was discovered.”

Exceptions to the Statute of Limitations

• If the doctor or hospital conceives the error, the deadline may be extended.
• For children with brain injuries due to malpractice, the filing deadline extends until the child turns 10.

Failing to file within the statute of limitations could result in losing the right to seek compensation.

Steps to File a Medical Malpractice Claim in Nevada

Filing a medical malpractice claim is a complex process, but the following steps can help guide you:

1. Contact the Healthcare Provider

Before taking legal action, try to speak with the doctor or hospital involved. In some cases, they may be willing to correct the mistake or offer compensation.

2. Report to the Medical Licensing Board

If you believe a provider was grossly negligent, you can report them to the Nevada State Board of Medical Examiners. They can investigate and take disciplinary action.

3. Obtain an Affidavit of Merit

Nevada law requires an affidavit of merit, which is a sworn statement from another medical professional confirming that malpractice likely occurred. This affidavit must be filed along with the lawsuit.

4. Decide Between Settlement or Trial

Many medical malpractice cases settle out of court, allowing victims to receive compensation without a long legal battle. However, if a fair settlement isn’t reached, the case may go to trial.

Table: Key Nevada Medical Malpractice Laws

FAQs

What constitutes medical malpractice in Nevada?

Medical malpractice happens when a healthcare provider’s negligence causes harm. Examples include misdiagnosis, surgical mistakes, medication errors, and neglect in hospitals or nursing homes.

What is the statute of limitations for medical malpractice in Nevada?

A lawsuit must be filed within three years from the injury date or one year from the discovery of harm, whichever comes first. Some exceptions apply in cases of fraud or childhood brain injuries.

What compensation can I receive in a medical malpractice lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering (up to $350,000), and future care costs. Economic damages have no cap in Nevada.

Do I need an affidavit of merit to file a malpractice lawsuit in Nevada?

Yes. A qualified medical expert must review your case and sign an affidavit confirming that malpractice likely occurred before you can file a lawsuit.

Can I settle a malpractice claim out of court?

Yes. Many malpractice cases are settled without a trial. A skilled lawyer can help negotiate a fair settlement with the doctor’s insurance provider.

Conclusion

Medical malpractice cases are complex, and proving negligence requires strong legal expertise. If you believe you or a loved one has suffered due to a healthcare provider’s mistake, time is critical. Consulting with an experienced medical malpractice lawyer in Nevada can help you explore your legal rights and seek fair compensation.

If you need guidance, Gina Corena & Associates can evaluate your case and fight for fair compensation. Don’t wait—take action today.