Medical Malpractice Lawyers

When you seek medical care, it is expected that you can fully trust your doctors, nurses, and healthcare employees to provide competent and professional treatment. Unfortunately, when that trust is betrayed, serious injuries and even death can occur. If you or a loved one has been harmed due to medical negligence, you deserve justice and compensation for your suffering. 

The medical malpractice lawyers at Mitchell Rogers Injury Law understand the physical, emotional, and financial difficulties that can follow a medical error. We are dedicated to holding negligent medical professionals accountable and helping you recover the maximum compensation you deserve. Contact us today to set up a free consultation to discuss your case and determine if you have a valid medical malpractice claim.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider is negligent and, through an intentional action or inaction, fails to meet the accepted standard of care in their field, causing a serious bodily injury to their patient. This standard of care refers to what a reasonably competent medical professional would be expected to do in similar circumstances for their patient.

Mistakes are common in any industry, but when combined with the medical field, negligence can cost patients their lives. According to the National Practitioner Data Bank, there have been 113 counts of medical malpractice reported across the state of Nevada in 2023. In the same year, there were an additional 441 adverse actions taken against medical professionals to correct their behavior. Taking action against a medical practitioner or healthcare facility that has caused you injury may help to correct behavior and prevent others from experiencing the same injury in the future.

If you are not sure whether you have grounds for a claim, speak with a trusted medical malpractice attorney from Mitchell Rogers Injury Law. Our team will evaluate the circumstances of your case, including medical records, healthcare provider’s employment history, and other evidence, to determine if you have strong grounds for legal action. If so, we can begin a more comprehensive investigation to build evidence to support your claim against the liable medical professional who caused your injuries. 

Medical Malpractice Examples in Las Vegas, NV

With literal lives on the line, working in the healthcare industry is no place for mistakes. The problem is that even well-trained, detail-oriented doctors, nurses, and pharmacists can make mistakes sometimes. When this happens, some disreputable healthcare providers will try to hide their mistakes or claim they are normal side effects associated with the treatment being administered. Some common medical mistakes and errors our medical malpractice attorneys have seen include:

  • Missed diagnosis: failing to properly diagnose a medical condition that leads to delayed treatment and worsens your condition.
  • Surgical errors: mistakes made during surgery, such as leaving foreign objects in the patient’s body, mistaken identity, mislabeled surgical specimens, and other dangerous errors.
  • Prescription errors: prescribing the wrong medication, dosage, or failing to consider the allergies of the patient.
  • Failure to order necessary tests: not performing the proper tests can lead to missed diagnosis and delayed treatment.
  • Anesthesia errors: mistakes during anesthesia can lead to serious health problems or death.
  • Birth injuries: negligence during childbirth can cause injuries to both mother and child.

These are just a few examples of medical errors that may warrant the pursuit of a medical malpractice lawsuit. It is hard to be certain that a healthcare provider did something to worsen your condition. However, if you suspect that there might have been a mistake made or negligence, contact a trusted medical malpractice law firm to determine your possible next steps.

How to File a Medical Malpractice Claim

Facing a medical error can be overwhelming, but you do not have to navigate the legal process alone. A skilled medical malpractice attorney can be your advocate, guiding you through your best options and helping you to get the best possible outcome for your claim. You will need to investigate the alleged malpractice, gathering medical records, witness testimony, and other forms of evidence to build a strong foundation for your claim. Once you have compiled this information, your legal support will help you calculate a fair settlement, taking into account the damages caused by the medical malpractice.

There are a few options for filing your claim. The simplest option would be filing a claim directly with the healthcare provider’s malpractice insurance, which allows you to recoup any medical expenses and lost wages due to your injuries. Malpractice insurance will typically only cover economic damages, such as losses that can be backed up by bills, receipts, and pay stubs.

If your claim to insurance fails and you wish to pursue stronger legal action, you can file a lawsuit against the medical professional or their healthcare facility in Nevada civil courts. This path allows for broader compensation beyond just financial losses. A lawsuit can seek additional compensation for pain and suffering, diminished quality of life, and lost earning potential. You can file an official report to the Nevada State Board of Medical Examiners here.

How Much is My Medical Malpractice Claim Worth?

There are two categories of personal injury damages that can be recovered in medical malpractice lawsuits: economic and non-economic damages. Economic damages are any losses that were a direct consequence of the medical mistake and are easily documented for evidence with bills, receipts, invoices, and other paperwork. Some economic damages include:

  • Hospital expenses
  • Further medical treatments required
  • Physical therapy expenses
  • Lost wages for time recovering
  • Lost earning potential
  • Out-of-pocket costs
  • Future medical expenses

Non-economic damages, also called general damages, are less easy to quantify with a monetary sum. These commonly cover pain and suffering the injured patient endured due to the medical error. Non-economic damages can include:

  • Pain and suffering
  • Emotional distress
  • Mental anguish
  • Post-traumatic stress disorder (PTSD)
  • Scarring
  • Disfigurement
  • Chronic pain

To calculate these damages, your medical malpractice lawyer will rely on traditional methods such as the multiplier method or the per diem method. The multiplier method takes the total of your economic damages and multiplies that number by a multiplier between 1.5 and 5, depending on the factors of your case, such as the severity of injuries and the amount of negligence shown by the liable party. The per diem or daily rate method assigns an amount to each day you have suffered and multiplies this by the number of days the injury took to recover. 

How Can a Las Vegas Medical Malpractice Law Firm Help

Medical malpractice cases can be complex, and having a Las Vegas medical malpractice law firm by your side will be your strongest asset in fighting for the compensation you deserve. Our team has the experience and knowledge to ensure that your rights are protected throughout the process. We will take care of the intricate legal requirements, including making sure communication is clear, and documents are submitted on time.

We will gather evidence that we know prosecutors look for in cases like yours, such as specific types of medical records, expert opinions, witness testimony, and historical records. Our meticulous investigation methods build a strong foundation for your claim and help to maximize your chances of a successful outcome to your case. We will negotiate on your behalf, going up against insurance companies and healthcare providers who often have vast legal resources. 

A Las Vegas medical malpractice attorney from Mitchell Rogers Injury Law will act as your fierce advocate and ensure your voice is heard and your case is presented persuasively. We want to take the legal burden off your shoulders so that you can focus on healing and recovery. Our team values clear and open communication and will work to keep you informed every step of the way. If you have any questions, contact our office at any time.

Nevada Medical Malpractice FAQs

If you still have questions regarding your medical malpractice case, continue reading our medical malpractice frequently asked questions or contact us directly for a free consultation. We are here to answer any questions about your specific case and guide you through your legal options.

What is the Statute of Limitations on Medical Malpractice?

If you wish to file a medical malpractice lawsuit, it is best not to waste any time. Nevada has a statute of limitations on medical malpractice lawsuits, which is a set time window where an injured party can bring legal action against the liable party. Under Nevada Revised Statutes § 41A.097, victims of medical malpractice typically have three years to file a lawsuit. Once this statute of limitations lapses, it is possible that you may lose any legal right to seek compensation for your medical malpractice case.

There are several exceptions to this, including if an injury was discovered on a date after the inciting incident. In those cases, the discovery date will begin the three-year time limit. Other exceptions apply for victims who were minors at the time of their injury. Consulting directly with a Las Vegas medical malpractice lawyer will help you determine if you have a case.

Can I be Awarded Punitive Damages in My Medical Malpractice Lawsuit?

Punitive damages refer to a special type of financial award that the court system may grant you in cases of severe negligence, fraud, malicious actions, or another type of egregious action. These damages are not meant to compensate the injured party for any specific loss but rather are intended to punish the liable party and make an example of them to others. Under Nevada Law, punitive damages may be awarded by the court if they are deemed warranted.

Is There a Cap on Damages for Medical Malpractice in Nevada?

There is no cap for economic damages for medical malpractice in Nevada. With most personal injury cases, there is no cap on any damages, but there is a limit to the amount a plaintiff can recover in medical malpractice lawsuits for non-economic damages. This cap is set at $350,000 under Nevada Revised Statutes § 41A.035. 

There is also a cap on punitive damages that are awarded in severe cases of negligence and this cap is based on the amount the total case is settled for. Under Nevada Revised Statute § 42.005, punitive damages are limited to $300,000 if the total of other damages is less than $100,000, or if the total compensatory damages are over $100,000, punitive damages are limited to three times that amount. Some situations vary, so consult your medical malpractice lawyer to ask how caps could limit the damages on your case.

How Much Does It Cost to Hire a Medical Malpractice Lawyer in Las Vegas?

It is common for personal injury and medical malpractice law firms in Las Vegas, Nevada, to work for their clients on a contingency fee basis. This allows an injury victim like you to retain a legal representative without paying anything upfront. This differs from how lawyers charge their clients with other types of legal cases, such as criminal defense or divorce law, which will be charged at an hourly rate with a set sum put down as a retainer fee for their services.

At Mitchell Rogers Injury Law, we want to help you get justice for your medical malpractice case and not burden you on top of the medical bills you are already dealing with. We will only get paid if we win your case, and that payment comes directly out of your settlement, so no money ever has to come out of your pocket. Contact us for a free consultation to learn more about how our fee structures work.

Should I Accept the Settlement Amount the Malpractice Insurance Company Offers?

After the trauma and expense of a medical error, receiving a settlement offer from a medical malpractice insurance company can be tempting to accept right away. It is important to remember they are prioritizing their bottom line, not your fair compensation. The best choice you can make at this point is to consult with a medical malpractice attorney to determine next steps.

Contact Mitchell Rogers Injury Law to be Your Trusted Advocate

Medical mistakes can have a significant effect on your future. Work with a medical malpractice attorney from Mitchell Rogers Injury Law to fight to hold your healthcare provider accountable for their actions and receive a settlement to help repay your expenses. Contact our office to schedule a free, no-obligation consultation to get your questions answered today.