FAQ

In Nevada, medical malpractice—also called professional negligence—means that a healthcare provider failed to use the reasonable care, skill, or knowledge that another provider would have exercised under similar circumstances. Nevada law defines medical malpractice as “the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances.”

Nevada law also defines a provider of health care broadly. This includes physicians, physician assistants, dentists, licensed nurses, dispensing opticians, optometrists, registered physical therapists, podiatric physicians, licensed psychologists, chiropractors, doctors of Oriental medicine, medical laboratory directors or technicians, licensed dietitians, as well as licensed hospitals, clinics, surgery centers, professional corporations, or group practices that employ these providers and their staff.

The burden of proof rests on the injured party. That means you must provide evidence—often through medical records and expert testimony—that the provider failed to meet the required standard of care. Hiring an experienced Nevada medical malpractice attorney puts this process in capable hands and gives you the best chance at justice.

Hospital liens are designed to allow hospitals that provide emergency care to uninsured patients to claim a portion of any legal award that the patient might receive for the accident. Specifically, Nevada Revised Statute 108.590 states that “[w]henever any person receives hospitalization on account of any injury, and the injured person, or a personal representative after the person’s death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or the personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due to the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise.”

Hospital liens are attached to a personal injury claim, giving the hospital the ability to claim “the reasonable value” of their treatment from any settlement or verdict recovered from the negligent party or their insurance company. Hospital liens are typically sent as a notice to the person who received treatment. 

Liens may attach to the following claims:

• Court judgments
• Insurance settlements
• Federal Longshore and Harbor Workers’ Act claims
• Federal Employees Liability Act claims

Hospital Lien Limits

While other states provide significant additional limits on hospital liens, Nevada places fewer limits on hospitals. The few relevant limits on hospitals are as follows: First, hospitals may only recover the reasonable value of their services in Nevada. Second, if a patient is eligible for Medicare, Medicaid, etc., hospitals are limited to recovering 55% of the charges billed.

Liens are only valid if they are done in the following way:

To perfect a lien in Nevada under Nevada Revised Statute § 108.590, the hospital must

(1) Send a notice of intent to file a lien under § 108.605(1) and comply with § 108.605(2) if there is a health insurance policy.

(2) Record notice of lien in the form prescribed by § 108.620 and filed with the county recorder where the hospital is located and the county recorder where the injury was suffered.

(3) Serve a certified copy of the notice of lien by registered or certified mail on the tortfeasor before any third-party settlement is paid.

(4) Serve a copy of the notice of lien by registered or certified mail on the third-party insurance carrier for the tortfeasor.

If the rules listed above are not followed, it may be possible to invalidate a lien.

Why Could Liens Be Difficult to Resolve

Liens can be challenging to resolve because hospitals can make more money off a lien on a personal injury claim than if they went through a person’s health insurance. So, the other party’s insurance may refuse to pay a settlement until a lien is taken care of by the claimant. Claimants who need a settlement often think that they must accept losing most of it to a hospital lien. However, this is not always the case with the help of an experienced personal injury lawyer.

Sometimes, the size of a lien may be reduced through negotiation by your lawyer. At Cohan PLLC, we’ve earned a reputation for standing up to some of the largest companies and entities in the world. We’ll never settle for less than our clients deserve and won’t hesitate to hold all at-fault parties accountable while making sure you can get the medical care you need.

When a healthcare professional fails to provide reasonable care, the consequences can be a matter of life and death for patients and their families. Professions built on trust carry ethical obligations and a duty of care. Lawyers, for example, have a “special responsibility for the quality of justice,” and strict rules govern their conduct. Medical professionals have a similar responsibility to their patients, outlined in the American Medical Association’s Code of Medical Ethics.

It is serious when a doctor, surgeon, dentist, nurse, pharmacist, or hospital employee fails to meet these obligations. Their mistakes can cause injury, long-lasting harm, or wrongful death. These failures may qualify as medical malpractice. To prove your case, you must show that the provider’s care fell below the accepted medical standard.

At Cohan PLLC, our lawyers have a reputation for aggressively pursuing medical malpractice cases on behalf of clients across Nevada. We take on the legal burden so you can focus on treatment and recovery. Contact us as soon as possible to get answers to your questions. Below, we discuss some of the most frequently asked questions about Nevada medical malpractice law.

In Nevada, the statute of limitations on a medical malpractice claim is one year from the date the patient discovered or should have discovered the injury, or three years from the date the health care provider inflicted the injury, whichever is sooner. To calculate the statute of limitations deadline, you need to determine the date you first noticed you were injured by the medical provider, look at a calendar, and add 365 days to that date. That date is the deadline by which you must file your case. If the injury was not noticeable at the time of treatment, you might be able to claim a longer period. However, if possible, it is always advisable to follow the shorter period.