Medical Malpractice
Clients who wish to make claims for Malpractice should first consult an attorney to discuss whether the claim makes sense. While most clients rely on attorneys to decide whether the malpractice claim is viable, the actual issue to be determined is whether the subject physician deviated from the standard of care, and this can only be proven by an opinion from another physician that practices in the same specialty. Medical malpractice cases are generally more expensive than other cases due to the need to hire medical experts. Retainer fees are sometimes required of clients in cases that are considered “more risky,” however the Las Vegas Medical Malpractice Attorneys at Benson & Bingham Accident Injury Lawyers, LLC will more often than not finance the entire case.
It is important for victims to remember that their respective cases or claims have a time limit. Malpractice cases are guides by special rules, and therefore, a free consultation should be scheduled to determine whether a viable claim exists. Malpractice recovery caps on damages are now in effect as of October 2002, so Contact Benson & Bingham Accident Injury Lawyers, LLC today to ensure your malpractice case is addressed in a timely manner.
Malpractice claims fall under three types: Professional negligence, Gross negligence, and Malicious conduct. Simple negligence claims range from careless prescription advice—resulting in allergic reactions and sometimes death, to the complicated surgery choices that may be beyond the standard of care for a physician practicing in Clark County. Gross negligence claims come in many forms. Sponges left in body cavities after surgery make up a surprising amount of cases. Nurses are required to do a sponge count, but often the speed of the surgery is the actual priority, and sutures are tied over wet sponges that appear to look like tissue after being soaked with blood. Sponges, over time in the body, begin to get infected. The patient often feels the infection and not the sponge. Las Vegas Emergency Rooms often find the sponge when they X-ray the patient as all sponges contain an identification tag made of metal. Sponge cases are very serious, and can be life threatening.
Additional Forms of Medical Malpractice by Type: Surgical Errors, Birth Related, IV Infiltration, Failure to Diagnose, Nursing Home Abuse
Foreign bodies of all types are excellent malpractice cases because they are easy to prove. Leaving a sponge, or scissors—yes scissors, in the body can be very painful. This items do show up on X-rays. Other objects left in the body can usually be found by a mere examination. Metal hardware, titanium plates, and other utensils and tools used in surgery can be found by X-rays. Burns have occurred when doctors fail to properly ground electrical devices used in surgery. Benson & Bingham Accident Injury Lawyers, LLC has represented clients with leg and skin burns due bad grounding techniques.
The Nevada Supreme Court today ruled in a case called Egan v. Chambers 129 Advance Opinion 25, filed April 25, 2013, that professional negligence claims such as against a podiatrist or other professional (that is not specifically mentioned under Nevada statutes as a medical provider or dental provider) that an affidavit of mal-practice need not be attached when filing a complaint for professional negligence. This case has nothing to do with the current law on medical mal-practice cases that requires all injured victims to have their case reviewed and opined on by a doctor in a similar profession who must provide an affidavit that is attached to the complaint. Plaintiffs’ attorneys have long been frustrated with the ruling in Fierle v. Perez, 125 Nev. 728 (2009), that holds that any deviation from the affidavit attachment will result in an automatic dismissal of the case, as the Court looks at those complaints as incomplete, or void in ab initio, until the complaint has part b of the requirement.
Contact the Las Vegas personal injury attorneys at Benson & Bingham Accident Injury Lawyers, LLC today if you a have a medical malpractice or professional negligence claim.
- Why do Medical Professionals Send their Patients to the Law Firm Benson & Bingham Accident Injury Lawyers, LLC?
- Payment of Medical Expenses and the Effects of Nevada and Federal Law
- Day or Medical Spa Injury or Negligence
- Drop Foot Injury: A Complication of Medical Mal-practice?
- Nursing Homes in Las Vegas
Making claims against Doctors or Physicians in Nevada falls under the Nevada revised statutes (NRS.) NRS 427 (A) Under the malpractice statute, the following medical providers must be sued with an Affidavit of malpractice: Nurse / Nurses, Doctor / Doctors, Physician / Physicians, Chiropractor / Chiropractors, Dentist / Dentists, Orthodontist / Orthodontists, Physical Therapist / Physical Therapy / Physical Therapists, Neurologists / Neurology, Orthopedic Surgeons / Orthopedic Surgery, Orthopedic Surgery, Optometry, Licensed nurses / nurse, podiatry doctor, doctor of podiatry medicine, eastern medicine doctors, oriental medicine doctors, medical laboratory techs and technicians, hospitals, emergency rooms, quick care units, or the staff of such facilities.
Concerning how much a medical entity can be sued for, Nevada has set caps on non-economic damages, such as pain and suffering, in medical malpractice cases. The cap for 2024 is $430,000 per defendant. This limit will increase annually, reaching $510,000 on January 1, 2025, $590,000 in 2026, $670,000 in 2027, and $750,000 in 2028. Starting in 2029, the cap will continue to rise by 2.1% each year until 2044.
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