Doctors, nurses, and other medical professionals have a duty to treat their patients with the level of care that is expected in the healthcare field. Unfortunately, these professionals can commit acts of negligence—causing severe harm to their patients. If you are the victim of medical negligence, The Janda Law Firm’s Henderson medical malpractice attorneys can help. Our Henderson medical malpractice attorney can help you hold the at-fault healthcare provider accountable for your losses.
Healthcare providers must uphold an industry-accepted standard of care while treating their patients. Their actions should not deviate from what reasonable and similarly trained professionals would do under the same circumstances. Medical malpractice occurs when these professionals fail to uphold this duty through a negligent act or failure to act.
An act of medical negligence can lead to serious, debilitating injuries and worsening illnesses. Depending on the circumstances surrounding your case, you may also develop permanent disabilities and other conditions that require frequent long-term care. Some of the most common injuries in medical malpractice claims include the following.
Through a medical malpractice lawsuit, you can hold the at-fault provider liable for the losses you sustained due to his or her actions. However, you will need to prove that negligence occurred in order to be eligible for compensation. You and your attorney will need to provide evidence to support four key elements.
To prove a medical malpractice lawsuit in Nevada, you will need to gather enough evidence to establish the four elements of negligence and prove the medical professional’s fault. Common pieces of evidence in these claims include medical records, scientific research, and testimony from expert witnesses, such as medical professionals. To prove your right to damages, you will need to present evidence such as medical bills, invoices for mobility equipment, correspondence with your employer, pay stubs, and journal entries. Nevada law also requires you to submit an affidavit from a qualified medical expert when filing your lawsuit. This document, known as the Affidavit of Merit, helps establish that the actions of the at-fault medical professional deviated from the accepted standard of care. The following information will need to be included for the affidavit to be valid.
If you do not submit an Affidavit of Merit with your medical malpractice lawsuit, the court will dismiss your claim. Your attorney from The Janda Law Firm will have access to qualified medical experts who can submit this testimony on your behalf, helping you comply with court requirements and further establish your right to compensatory damages.
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In Nevada, you must adhere to the statute of limitations or the filing deadline for civil claims. If you do not file within the appropriate time frame, the court will dismiss your case. You have three years after the date of the malpractice to file your lawsuit. If you did not discover your injury until a later date, you have one year from the date of discovery to file.
Under Nevada law, you have the right to claim compensation for the economic, or financial, damages you sustained due to the medical malpractice. You can also recover damages for non-economic losses, also known as pain and suffering. Examples of damages in medical malpractice and surgical errors claims include the following.
When filing a medical malpractice claim, you may wonder how much compensation you can expect to receive. However, your damages will vary based on the circumstances surrounding your case. If your injuries are minor and you are able to recover quickly, you will likely see a lower settlement. If you have very severe injuries, require long-term care, or are unable to work for a long time or cannot return to your previous position, you will likely recover a higher settlement. To calculate your estimated award, speak to a Henderson medical malpractice attorney as soon as possible.
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Like many states, Nevada establishes a limit or a cap on the number of damages you can recover in a medical malpractice lawsuit. You are allowed to file a lawsuit against the at-fault medical professional for the full extent of your economic damages, such as medical expenses, lost wages, and mobility equipment. When it comes to non-economic pain and suffering damages, however, you can only recover up to $350,000 from each defendant. Pain and suffering damages may include stress, anxiety, depression, loss of quality of life, and other physical and emotional losses you sustained due to the at-fault party’s negligence. To prove your right to recovery and strengthen your claim to these damages, speak to a Henderson medical malpractice attorney from The Janda Law Firm as soon as possible.
The aftermath of medical negligence can be painful and overwhelming, resulting in physical damage, emotional trauma, and financial hardship. Navigating a medical malpractice lawsuit can be a challenge after your injury, especially if you are unfamiliar with the litigation process. If you believe that you are the victim of medical malpractice, you need medical malpractice lawyers on your side. Hiring medical malpractice lawyers to represent your claim can provide several benefits, including the following.
If you suspect that your doctor committed medical malpractice, seek medical assistance from another provider as soon as possible. Save all of your medical records and gather all evidence related to the negligence. Once you take these steps, contact an attorney at The Janda Law Firm as soon as possible. Our Las Vegas and Henderson medical malpractice attorneys can help you secure the compensation you deserve. Contact us today to schedule your free consultation and discuss your optimal path to maximum recovery.
