Medical Negligence vs. Malpractice

February 22, 2022 Firm News

When we entrust a medical professional with our health, we expect the provider to act in accordance with the medical industry standard of care. Unfortunately, serious mistakes and lapses in judgement occur every day in healthcare facilities across the United States. Many of these incidents result in injury to patients.

If you are injured by a healthcare professional, you may be eligible for a medical malpractice lawsuit. To be eligible for a claim, however, you will need to prove that an incident of negligence rises to the level of malpractice. 

What Is Medical Negligence?

All medical providers have a duty to provide a certain standard of care to a patient. In most cases, a healthcare professional must act in such a way that does not deviate from what a similarly trained and reasonable provider would do under the same circumstances. If a provider breaches this standard of care, he or she commits an act of medical negligence.

When Does Medical Negligence Become Medical Malpractice?

Medical negligence becomes medical malpractice when a patient suffers harm due to a healthcare provider’s actions. If a professional deviates from the standard of care and causes an injury, he or she may be liable for all of the damages that a patient experiences.

Examples of medical malpractice include the following.

  • Prescribing too much of a medication
  • Failure to correctly diagnose a patient’s conditions
  • Performing the wrong surgery on a patient
  • Administering too little anesthesia for a procedure
  • Using dirty or defective surgical equipment
  • Leaving a foreign object inside of a patient after surgery
  • Failure to provide proper aftercare or discharge instructions

Filing a Medical Malpractice Claim in Nevada

If you believe that you have experienced medical malpractice, you may be eligible for a lawsuit against the at-fault healthcare provider. Under Nevada law, you have the right to file a claim against any medical professional—including doctors, nurses, surgeons, and anesthesiologists—if you are injured due to his or her negligence.

Through a medical malpractice lawsuit, you can recover compensation for additional medical expenses, lost wages, and other losses associated with the act of negligence. To secure compensation in your claim, however, you will need to prove the following three facts.

  • The medical professional owed you a duty of care.
  • The medical professional breached his or her duty of care through a negligent act or omission.
  • The breach of duty caused your injuries.

Medical malpractice lawsuits can be highly complex and require a great deal of evidence and investigation to prove. If you plan on filing this type of claim, however, you need an attorney on your side who can advocate for your best interests.

A Las Vegas medical malpractice lawyer will have years of experience handling similar claims and can leverage his or her skills, knowledge, and resources to craft a compelling case in your favor. Your attorney can negotiate with insurers and defense attorneys, calculate the full extent of your damages, and fight aggressively for your right to maximum recovery during each stage of your case.

As soon as possible following the malpractice, seek medical attention from another provider and save all records related to the incident and your injuries. After you receive the care that you need, contact a Nevada medical malpractice lawyer to discuss your options for legal action.