Best Professional Malpractice Lawyers in Nevada

About Professional Malpractice Law in Nevada, United States

Professional malpractice involves the failure of a licensed professional to provide services that meet the standard of care expected in their field, resulting in harm or damage to a client or patient. In Nevada, common types of professional malpractice cases include claims against doctors and other healthcare professionals (medical malpractice), lawyers (legal malpractice), accountants, engineers, architects, and other licensed professionals. Professional malpractice is a serious legal matter and subjects the professional to potential civil liability for damages caused by their negligence or misconduct.

Why You May Need a Lawyer

Professional malpractice cases can be complex and challenging to prove. Here are some situations where you may require legal help:

• You suffered harm or losses due to a doctor's error, misdiagnosis, or surgical mistake.
• Your attorney missed important deadlines, failed to represent your interests, or committed an error that harmed your case.
• An accountant or financial advisor gave you incorrect advice, leading to financial loss or IRS penalties.
• An architect or engineer failed to follow professional standards, resulting in a defective building or project.
• You have reason to believe a professional breached their ethical or legal duties to you.
• The professional or their insurance company has denied responsibility or refuses to compensate you for damages.

A qualified professional malpractice attorney can help investigate your claim, gather necessary evidence, and fight for the compensation you deserve.

Local Laws Overview

Nevada law sets forth specific requirements and limitations for professional malpractice cases. Here are some key aspects:

• Statute of Limitations: Generally, you must file a malpractice lawsuit within two or three years from the date of injury or from the date you knew or should have known about the injury, depending on the type of professional and specific facts of your case.
• Affidavit of Merit (Medical Malpractice): In Nevada, for medical malpractice cases, you are required to file an affidavit from a qualified medical expert stating that the claim has merit.
• Standard of Care: Plaintiffs must prove that the professional failed to meet the standard of care expected in their industry or profession and that this failure caused damages.
• Damage Caps: In some cases, such as medical malpractice involving noneconomic damages (like pain and suffering), Nevada law limits the amount recoverable.
• Comparative Fault: Nevada follows a comparative negligence system, which can reduce your damages if you are found partially at fault for your harm.
• Mandatory Reporting and Licensing Boards: Some professionals are subject to oversight by state licensing boards which may take disciplinary action independently of a lawsuit.

Frequently Asked Questions

What is considered professional malpractice in Nevada?

Professional malpractice occurs when a licensed professional fails to act according to the accepted standards of their profession, causing harm or loss to their client or patient. This can include doctors, lawyers, accountants, engineers, and other professionals.

What do I need to prove in a professional malpractice case?

You must show that the professional owed you a duty of care, breached that duty by acting negligently or outside of accepted standards, and directly caused you harm or damages as a result.

Is there a time limit for filing a professional malpractice lawsuit in Nevada?

Yes. Generally, you have two to three years to file a lawsuit, depending on the type of case and when the harm was discovered. Missing the deadline can result in losing your right to sue.

What is an affidavit of merit and is it required?

For medical malpractice cases, Nevada law requires you to file an affidavit of merit from a qualified expert who believes your claim is valid. This is not required for all types of professional malpractice.

Can I file a complaint against a professional with a licensing board?

Yes. You can file a complaint with the relevant Nevada licensing board for professionals such as doctors, lawyers, or accountants. The board can investigate and potentially discipline the professional independent of a civil lawsuit.

What types of damages can I recover in a malpractice case?

You may be able to recover economic damages such as medical expenses or lost wages, noneconomic damages like pain and suffering (subject to caps in certain cases), and sometimes punitive damages if egregious misconduct is proven.

Do I need expert witnesses in my malpractice case?

In most cases, especially those involving complex professional standards, you will need expert testimony to prove that the professional deviated from accepted practices and caused your damages.

Can I sue a professional if I am partly at fault for my damages?

Nevada’s comparative negligence law allows you to seek damages even if you share some responsibility, but your recovery may be reduced based on your percentage of fault.

How much does it cost to hire a malpractice attorney in Nevada?

Many malpractice attorneys work on a contingency fee basis, meaning they only get paid if you win or settle your case. Others may charge hourly or flat fees depending on the circumstances.

What should I do if I think I have a malpractice claim?

Act quickly. Gather all relevant records and documents, avoid discussing your case with the professional or their insurance company without legal advice, and consult a knowledgeable Nevada malpractice attorney as soon as possible.

Additional Resources

• Nevada State Board of Medical Examiners - For complaints against medical professionals
• Nevada State Bar - For complaints and resources related to lawyers
• Nevada State Board of Accountancy - For issues involving accountants
• Nevada Division of Insurance - For insurance-related concerns
• Legal Aid Center of Southern Nevada - Free or low-cost legal assistance
• Washoe Legal Services - Additional legal aid options in northern Nevada
• Nevada Courts Self-Help Center - Resources and information on court procedures

Next Steps

If you believe you have been harmed by a professional’s negligence or misconduct in Nevada, consider the following steps:

1. Document everything related to the incident, including timelines, correspondences, costs, and the harm suffered.
2. File a complaint with the appropriate licensing board when applicable.
3. Do not communicate further with the professional or their insurer without legal guidance, as your words may be used against you.
4. Consult with an experienced Nevada malpractice attorney as soon as possible to discuss your rights and options.
5. Be mindful of the deadlines to protect your right to seek compensation.

Professional malpractice cases require careful review, specialized knowledge, and decisive action. Seeking timely legal advice gives you the best chance to protect your interests and achieve a fair outcome.