According to recent studies, medical errors account for an estimated 220,000 to 440,000 deaths each year in the United States. They’re the third leading cause of death, ranked only behind deaths from heart disease and cancer. Blackburn Wirth Injury Team has some of the best medical malpractice lawyers in Las Vegas, handling many cases that result from medical errors in Nevada hospitals, nursing homes, and long-term care facilities.
What Is Medical Malpractice?
Medical malpractice, also referred to as medical negligence, occurs when a hospital, doctor or other medical professional fails to provide the appropriate standard of medical care, causing personal injury or harm to a patient. According to medical standards, health care facilities and professionals owe patients a duty of care. Las Vegas malpractice attorneys can establish a claim by showing that a medical facility or professional failed to provide the standard duty of care and as a result the patient suffered injury or death.
Medical error alone is not always sufficient to support a Nevada medical malpractice claim. Medical malpractice lawyers in Nevada must prove:
- The patient was owed a legal duty of care
- The medical provider did not comply with accepted standards of medical care
- The medical provider’s deviation from accepted standards of medical care caused the patient’s injuries, and the injuries caused the patient harm
Medical malpractice in Las Vegas can be especially complex: a patient could be treated by multiple healthcare providers or have more than one physician or more than one cause of injury. It’s important to consult an experienced law firm in these cases.
Common Types of Medical Malpractice Claims
Medical malpractice may be complicated, but there are plenty of examples of successful claims. Here are some of the most common cases that we see as malpractice lawyers in Las Vegas, NV.
Diagnostic Errors
Improper or delayed diagnosis is the most common type of medical error. Diagnostic errors commonly lead to health complications, serious injuries, disability and death. They account for up to 160,000 permanent disabilities and up to 20 percent of medical malpractice lawsuits in the U.S.
Medication Errors
According to the Centers for Disease Control and Prevention (CDC), medication errors injure over one million people each year in the U.S. Among the most frequent medication errors reported to Las Vegas medical malpractice lawyers are mislabeled medications, improper dosages, adverse drug interactions, and missed or omitted medications that should have been given but were not.
Surgical Errors
According to Johns Hopkins, surgical errors include leaving surgical instruments inside a patient, performing the wrong procedure, performing surgery on a wrong body part, and performing surgery on the wrong patient. These surgical errors, often referred to as “never events,” are designated as surgical errors that should have never occurred. They reportedly occur at least 4,000 times each year in the U.S.
Hospital Errors
Hospitals and other medical facilities in Nevada have a legal obligation to provide a certain standard of care to patients. Common types of hospital malpractice include failure to hire adequately trained doctors, nurses, or staff, communication errors between hospital staff, failure to monitor a patient, surgical errors, and emergency room errors.
Obstetrical Errors
If an obstetrician, physician, or midwife fails to provide a standard duty of care to a pregnant woman, it can result in serious injuries or death to both the mother and the baby. Obstetrical negligence can result in wound infections, birth defects, stillbirth, cerebral palsy, and fertility loss.
Lack of Informed Consent
Doctors and dentists are required to get a patient’s consent for medical treatment and procedures prior to giving treatment or performing any procedure. They’re also required to inform patients of all associated risks with treatments and procedures. A doctor failing to get prior consent or provide adequate information is one of the most common reasons people seek out medical and dental malpractice lawyers in Las Vegas.
Who Can Be Held Responsible For Medical Malpractice?
Las Vegas medical malpractice attorneys may be able to hold several parties responsible for negligence that leads to patient harm. Doctors are often the primary focus, but they’re not the only ones who can be liable. Surgeons, nurses, anesthesiologists, and other healthcare professionals may be held accountable if their actions fall below the accepted standard of care.
Hospitals and medical facilities can also be responsible, especially if they failed to properly vet their staff, maintain their equipment, or enforce safety protocols. In some cases, pharmaceutical companies might be liable if they didn’t adequately warn about a drug’s side effects. Even medical device manufacturers could be held responsible for product liability.
Often, multiple parties might share responsibility in a single case. A thorough investigation by an experienced Las Vegas medical malpractice lawyer can help identify all potentially liable parties to ensure you receive full compensation for your injuries.
What Damages Can You Seek for Medical Malpractice in Nevada?
Las Vegas, Nevada medical malpractice lawyers can seek several types of damages. Economic damages cover financial losses like medical bills, lost wages, and future care costs. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
In rare cases of extreme misconduct, you might also be awarded punitive damages to punish the healthcare provider. Your lawyer can help calculate and pursue all applicable damages based on your specific case.
Economic Damages
Economic damages in medical malpractice cases cover your financial losses. There’s no cap on these in Nevada. They’re meant to reimburse you for expenses you’ve incurred or will incur due to the malpractice. Economic damages can include:
- Medical bills, both past and future
- Lost wages
- Loss of future earning capacity
- Rehabilitation costs, like physical therapy
- Home modification expenses
- Cost of hired help for tasks you can no longer do
Non-Economic Damages
Non-economic damages address the non-financial impacts of medical malpractice. They compensate you for the personal, subjective costs of your injuries. Las Vegas malpractice lawyers can seek non-economic damages for things like:
- Pain and suffering
- Emotional distress
- Disfigurement or scarring
- Loss of enjoyment of life
- Loss of personal relationships
Punitive Damages
Punitive damages are awarded in cases of extreme or intentional misconduct to punish the healthcare provider and deter similar behavior. Punitive damages might be considered if, for example, a doctor performed surgery while intoxicated. They are rare in medical malpractice cases. There’s no set cap, but the amount must be reasonable compared to the other damages awarded.
When to Call a Las Vegas Medical Malpractice Attorney
Medical malpractice cases are often complex and difficult to prove. If you’ve been injured as a result of a doctor’s negligence, it’s worth it to contact a medical malpractice attorney in Las Vegas. You can get a free case evaluation to help you determine how to move forward.
At Blackburn Wirth, our team of Las Vegas medical malpractice lawyers has years of experience representing patients who have suffered injuries or the death of a loved one due to medical errors and negligence. We can provide legal representation that will help you win your medical malpractice case and get support for your pain and suffering. And we never charge you a fee, unless you receive compensation for your injuries.
If you or a loved one have been injured by medical malpractice in Nevada, contact the Blackburn Wirth Injury Team at 702-472-7000 or fill out our online form for a free consultation.
FAQs for Medical Malpractice Lawyers in Las Vegas
What Is the Statute of Limitations on Medical Malpractice in Nevada?
In Nevada, the statute of limitations for medical malpractice is generally three years from the date of injury or one year from when the injury was discovered, whichever comes first. However, there are exceptions. For instance, if the injury resulted in brain damage or a birth defect to a child, the statute of limitations is extended until the child’s 10th birthday.
Can I Afford a Las Vegas Medical Malpractice Attorney?
Yes, you can likely access legal representation for no up-front cost. Most Las Vegas malpractice attorneys work on a contingency fee basis, meaning you don’t pay up front. Instead, they take a percentage of your settlement if you win. Many also offer free initial consultations to discuss your case and explain their fee structure.
What Is the Cap on Medical Malpractice in Nevada?
There’s no cap on economic damages in Nevada, which include medical bills and lost wages. However, the state has had a cap of $350,000 on non-economic damages in medical malpractice cases for years. Under a new law, the cap will increase by $80,000 every year for five years, beginning with a raise to $430,000 on January 1, 2024. Beginning in 2029, it will rise by a rate of 2.1 percent per year.
