MEDICAL MALPRACTICE FAQ
When Do You Need a Medical Malpractice Lawyer?
When a healthcare professional fails to treat you or your family with reasonable care, it can be a matter of life and death for you and your family. Certain professions carry ethical obligations and a duty of care. One example that is close to home is lawyers. Lawyers have a "special responsibility for the quality of justice," so various rules govern a lawyer's conduct.
Medical professionals have a similar responsibility to their patients. The American Medical Association has outlined these duties in its Code of Medical Ethics. In Nevada, medical malpractice is also referred to as professional negligence and simply means that the healthcare provider failed to use the reasonable care, skill, or knowledge that a similar medical provider would have ordinarily exercised in similar circumstances.
Nevada law defines a provider of health care as any of the following: a "physician, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians' professional corporation or group practice that employs any such person and its employees."
It's serious when a doctor, surgeon, dentist, nurse, pharmacist, or hospital employee fails to meet their professional obligations. These mistakes may cause injury, long-lasting harm, or death and may be instances of medical malpractice. To prove your case, you will need a medical malpractice attorney with a history of success.
The lawyers at Cohan PLLC have a reputation for aggressively pursuing cases for our clients. Contact us as soon as possible to get all your questions answered. Below, we discuss some of our most frequently asked questions.
Nevada Medical Malpractice Law
Medical malpractice in Nevada is defined 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." The burden of proving this is on the injured party. Therefore, you need an experienced personal injury lawyer. If you or a loved one has been hurt in a medical setting, your priorities should be getting proper treatment, not worrying about legal matters. Hiring a medical malpractice attorney takes the legal burden off your shoulders and places it into capable hands. Contact Cohan PLLC at (888) 424-2736 today to discuss your unique circumstances.
What is the Statute of Limitations for a Nevada Medical Malpractice Claim?
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.
Tort Reform and the Nevada Medical Malpractice Cap
Nevada law limits the amount of financial compensation you can receive for "non-economic damages" in a medical malpractice claim. “Non-economic damages” refers to compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. However, it is important to note this does not mean that you can only receive $350,000 in compensation for your medical malpractice lawsuit. Depending on your case, you may be eligible for millions of dollars in financial compensation for economic damages like past and future medical bills and loss of income.
How Much Does Hiring a Lawyer Cost?
Cohan PLLC works on a contingency fee and we pay all the litigation expenses upfront. This means that you pay nothing unless we win your case. If we do not win your case, we eat our expenses, and you pay nothing. In most personal injury cases, if we win, in addition to our costs being reimbursed out of the proceeds, our attorney’s fee is 33.33% if we settle before filing a lawsuit, 40% if we file a lawsuit, and 45% if the case goes up on appeal. However, in Nevada, attorneys’ fees are capped in medical malpractice cases, as follows: (1) Forty percent of the first $50,000 recovered; (2) Thirty-three and one-third percent of the next $50,000 recovered; (3) Twenty-five percent of the next $500,000 recovered; and (4) Fifteen percent of the amount of recovery that exceeds $600,000.
Contact a Las Vegas personal injury lawyer at Cohan PLLC today for a 100% free consultation.
Have You Been Injured? We Can Help.
Suffering an injury at the hands of someone else is a profoundly disorienting experience. Many of our clients come to us because they simply don't know what to do next. What kind of claims do they need to file? What do they do to get medical care for their loved ones, or how do they afford a funeral in the wake of a wrongful death? Most of our clients ask an even more straightforward question: "with all my medical expenses, how do I provide for my family?"
Regardless of your situation, you are bound to have countless questions. Cohan PLLC will help you get answers. To help you find your feet during this difficult time, we have compiled some of the most commonly asked questions and provided general answers. For specific answers about your case, review your legal options with us in a free consultation.