Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Medical malpractice occurs when a health care provider fails to provide care that meets the accepted standard for their profession and that failure causes harm. In Las Vegas, which is in Clark County, Nevada, malpractice claims follow Nevada state law and are handled in state courts. Typical malpractice claims involve surgical errors, medication mistakes, delayed or missed diagnoses, birth injuries, anesthesia errors, and failure to obtain informed consent. To succeed in a medical malpractice case a plaintiff must generally prove that the provider owed a duty of care, breached that duty, the breach caused the injury, and the injury resulted in damages.
Medical malpractice is a complex area of law that often requires technical medical proof, coordinated expert testimony, and careful handling of strict procedural rules. You may need a lawyer if you are dealing with any of the following situations:
- Serious or permanent injury, long-term disability, or death related to medical treatment.
- Significant medical bills, lost income, or ongoing care needs caused by health care treatment.
- Conflicting medical opinions or disputes over whether care met the accepted standard.
- Hospitals or providers denying responsibility or insurance companies refusing fair settlement.
- The need to preserve time-sensitive rights, such as meeting filing deadlines and gathering medical records and expert reports.
- Cases that involve multiple providers, hospitals, or complex causation issues where specialized legal and medical expertise is required.
Several legal rules and procedures apply to medical malpractice claims in Las Vegas and throughout Nevada. Key points to be aware of include the following:
- Filing Deadlines and Statutes of Limitation: Nevada imposes firm deadlines for filing malpractice suits. These deadlines can vary depending on when the injury was discovered, the age of the patient, and whether the claim is a wrongful-death action. Missing a deadline can bar a claim, so early legal consultation is important.
- Expert Witness Requirements: Medical malpractice claims typically require testimony from competent medical experts to establish the applicable standard of care and causation. Nevada law and court rules address the qualifications, timelines, and disclosures for expert witnesses.
- Comparative Fault and Apportionment of Damages: Nevada applies principles of comparative fault. If a plaintiff is found partly at fault for their injury, recovery may be reduced by the percentage of the plaintiff’s fault.
- Types of Recoverable Damages: Plaintiffs can pursue economic damages such as medical expenses and lost wages, and noneconomic damages such as pain and suffering. The availability and limits on certain types of damages can depend on statutory rules and case law.
- Procedures Against Public Entities: Claims against public hospitals or government providers may have special notice requirements and shorter timeframes. Different procedures often apply when a government agency or employee is a defendant.
- Privacy, Peer Review, and Medical Records: Medical records are critical evidence, but some hospital peer-review materials may be privileged. Patients have statutory rights to obtain their own medical records, and lawyers commonly request and review those records early in a case.
- Settlement Practices and Insurance: Most malpractice cases settle before trial. Nevada courts and insurers follow specific rules for settlement negotiations, mediation, and disclosure obligations.
Because rules can be technical and are subject to change, anyone considering a malpractice claim should consult an attorney promptly to confirm current deadlines, procedural requirements, and applicable limits.
Medical malpractice is a legal claim that a health care provider failed to meet the accepted standard of care, and that failure caused injury or harm. The claim focuses on whether the provider acted as a reasonably competent professional would have acted in the same situation.
Common signs include an unexpected worsening of a condition after treatment, an error during surgery, a delayed or missed diagnosis that changed the outcome, medication errors, or birth injuries. A valid case usually requires proof from a qualified medical expert that the care fell below the standard and caused the harm.
Time limits for filing are strict and can depend on when the injury was discovered, the age of the injured person, and whether the claim is against a private provider or a public entity. Deadlines can be short or subject to special rules, so you should seek legal advice as soon as possible to preserve your rights.
Yes. Most medical malpractice cases require at least one expert witness to explain the standard of care, how it was breached, and how that breach caused the injury. Expert testimony is typically essential to meet the court’s proof requirements.
Many malpractice attorneys handle cases on a contingency-fee basis, meaning the lawyer is paid only if the case is successful. The contingency percentage varies and is governed by state ethical rules and the fee agreement. There may also be costs for expert reports, records, and filing fees that are advanced by the attorney and reimbursed from any recovery.
Potential recoverable damages include past and future medical expenses, lost wages and lost earning capacity, pain and suffering, emotional distress, and in some cases punitive damages. The specific types and amounts of recoverable damages depend on Nevada law and the facts of the case.
Yes. Many claims name multiple defendants such as physicians, nurses, physician assistants, hospitals, and other health care entities. Liability can differ among defendants, and suing all potential responsible parties is common to preserve rights and potential recovery.
An admission of error can be important, but it does not automatically resolve the legal claim. Admission can support settlement talks, but a full legal resolution typically requires proof of causation and damages. Providers or insurers may still dispute liability or argue the harm would have occurred even with correct care.
A properly executed informed-consent form does not shield providers from liability for negligent care or errors beyond known risks. Consent addresses whether the patient was informed about risks and alternatives, but it does not excuse care that falls below the accepted standard.
Timelines vary widely. Some cases settle in months, while others require years if they go to trial or involve appeals. Complexity, the need for multiple experts, discovery disputes, and court schedules all affect how long a case takes. Early consultation with counsel helps estimate a likely timeline based on case specifics.
When researching a possible claim or seeking help, the following local and national resources can be useful:
- Nevada State Board of Medical Examiners - for complaints and provider licensing information.
- Nevada State Board of Nursing - for nursing-related complaints and licensing questions.
- Nevada State Board of Pharmacy - for medication-related concerns.
- Eighth Judicial District Court, Clark County - the local court that handles many civil trials in Las Vegas.
- Nevada State Bar - for lawyer referral services, disciplinary records, and guidance on finding an attorney.
- Legal Aid of Southern Nevada and other local legal clinics - for low-income residents seeking help with legal matters.
- National Practitioner Data Bank and federal regulatory bodies - for general background on provider disciplinary actions.
Each of these organizations can help with specific questions, records requests, or referrals to qualified malpractice attorneys and medical experts.
If you believe you have suffered medical malpractice, take the following practical steps:
- Preserve records and create a timeline: Request and obtain copies of all medical records, bills, test results, imaging, and correspondence. Write a timeline of events while memories are fresh, noting dates, symptoms, and conversations.
- Do not destroy evidence: Keep medications, dressings, or medical devices that relate to the injury, and avoid altering relevant records or documents.
- Seek a lawyer experienced in medical malpractice: Look for attorneys who handle malpractice claims in Nevada, ask about their trial and settlement experience, request references, and discuss fee arrangements. Many offer free initial consultations.
- Consult quickly to protect rights: Because of strict deadlines and the need to preserve medical and other evidence, contact an attorney promptly to ensure you do not lose the right to sue.
- Prepare for evaluation: Your lawyer will likely obtain your records, consult medical experts, and assess causation and damages before recommending next steps such as settlement negotiation, mediation, or filing a lawsuit.
- Consider your health first: While pursuing a claim, continue necessary medical care and document ongoing treatment and expenses. Attorneys often coordinate with medical providers to ensure continued care while the legal matter proceeds.
Medical malpractice claims can be challenging and emotionally draining, but with organized documentation, timely action, and experienced legal counsel, injured patients can evaluate their options and pursue appropriate compensation. If you are unsure where to start, reach out to a Nevada medical malpractice attorney or the Nevada State Bar for a referral and an initial consultation.
