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Las Vegas Medical Malpractice Defense Attorney

Medical malpractice claims are an unfortunate reality for doctors, healthcare groups, and hospitals in the United States. Patients often lay poor outcomes at their health care provider’s feet, even when negligence was not a factor. If you are a medical professional facing a malpractice claim, you need the best defense possible to protect your reputation, license, and livelihood. Contact The Janda Law Firm today to speak with our experienced Las Vegas medical malpractice defense attorney.

Why Choose Our Medical Defense Attorney?

At The Janda Law Firm, Dr. Paul Janda can provide the defense you need with a level of understanding that few other attorneys can match. As the only board-certified neurologist-attorney in Nevada, Dr. Janda knows how serious a medical malpractice charge is. He understands the complex process, the evidentiary standards involved and all the tactics that plaintiff attorneys – as well as other defense attorneys – employ in these cases. However, Dr. Janda is uniquely qualified in being able to put himself in your shoes, understand what you are going through, and what you are fighting to protect. Who better to defend you than a fellow medical professional?

Who We Represent For Medical Defense

At The Janda Law Firm, we represent medical professionals who are facing medical malpractice claims, co-counsel with other law firms on their medical malpractice defense cases and offer consulting services to individuals and entities within the healthcare industry. We represent:

  • Physicians
  • Surgeons
  • Medical specialists
  • Nurses
  • Dentists and Endodontists
  • Hospitals
  • Nursing Homes
  • Healthcare Groups
  • Physical Therapists
  • And any other medical professional

How is a Medical Malpractice Claim Formed In Nevada?

A medical malpractice claim can arise from a poor outcome in any type of medical procedure or healthcare setting, but commonly involve:

How Long Do Patients Have to File a Medical Malpractice Claims?

According to a law known as the statute of limitations, patients only have a limited time following the alleged malpractice to file a lawsuit. Generally, Nevada enforces a three-year deadline for filing medical malpractice claims; if a patient does not file within this time frame, the court will likely dismiss his or her case.

This law is important for several reasons, benefitting both the plaintiff and the defendant. First, it ensures that healthcare providers are not constantly under the threat of litigation from patients. Second, it ensures that evidence remains fresh and undamaged. Third, it ensures that witness testimonies remain relevant and reliable.

What Is Needed to Prove a Nevada Medical Malpractice Lawsuit?

There are four facts that plaintiffs will need to prove in order to establish medical malpractice: duty of care; breach of duty; causation; and damages.

  • Duty of Care: The medical provider owed the patient a duty of care. All healthcare professionals have a duty to provide a certain standard of care to patients that they treat in a formal capacity.
  • Breach of Duty: The medical provider breached his or her duty of care in some way.
  • Causation: The medical provider’s breach of duty caused the patient’s injury.
  • Damages: The plaintiff suffered damages that he or she can claim in the lawsuit, such as medical expenses and pain and suffering.

Common Defenses to Medical Malpractice Claims

If you are facing a medical malpractice lawsuit, you need an attorney on your side who can defend you against these allegations and protect your reputation. At the Janda Law Firm, our Las Vegas medical malpractice defense attorney understands how complex these cases are and will employ trusted case strategies to protect your best interests.

There are several common defenses to medical malpractice claims:

  • Absence of Causation: Sometimes, a patient may argue that his or her injury or illness occurred as a result of a perceived professional negligence. However, the patient fails to supply evidence proving causation. Your attorney can work to eliminate any causal link between the alleged error and the harm that the patient experienced.

 

  • The Good Samaritan Defense: If you came to the aid of someone who was experiencing a medical emergency, you could invoke the Good Samaritan defense. Under Nevada’s Good Samaritan law, you are not liable for any care that you provide as long as you aided in an emergency situation and did not charge a fee for your services.

 

  • Rejection of Expert Testimony: A patient may call expert witnesses to testify on his or her behalf. However, these experiences may not be sufficiently qualified to provide this insight. In these situations, your attorney can work to convince the judge that the testimony is unreliable and to reject the expert. 

 

  • Arguing for Reduced or Eliminated Damages: In some situations, your attorney may want to focus your case on whether or not the patient was actually harmed. If the requested settlement well exceeds the harm that the patient claims, your attorney may be able to convince the court to reduce his or her award or dismiss the case completely.

Contact Us Today

We understand that a poor outcome does not equal malpractice. We also understand that successful defense requires dedication, commitment and expertise in the medical field. Contact The Janda Law Firm today for more information from our Las Vegas medical malpractice defense lawyer.