If you or a loved one believe you are a victim of medical malpractice in Las Vegas, contact Jack Bernstein Injury Lawyers now. Attorney Jack G. Bernstein has 40 years of experience representing victims and their families in a variety of malpractice cases. We will fight to get you the maximum value for your claim and financial compensation for your injuries and hardships.
Medical malpractice cases can be disconcerting and distressing. As a victim, you are not just dealing with physical pain and trauma, but also the mental anguish of betrayal by a healthcare provider you trusted. This, compounded with the uncertainty of what the future holds, can be overwhelming. At Jack Bernstein Injury Lawyers, we deeply understand your position. Located here in Las Vegas our personal injury lawyers have dedicated our practice to helping victims from damages like medical malpractice, guiding them through their legal journey with compassion and expertise.
Understanding Medical Malpractice
Medical malpractice occurs when a patient is harmed due to the negligence of a healthcare provider. It can happen when a doctor, nurse, or other healthcare professional makes a mistake in diagnosis, treatment, or health management, which leads to unnecessary harm to the patient. However, not every mistake constitutes malpractice. To be legally identified as medical malpractice, the following three criteria must be met:
- Violation of Standard of Care: Medical professionals are required to follow established protocols and procedures in their field. This is referred to as the “standard of care.” If a healthcare provider deviates from this standard, it may be considered negligence.
- An Injury Resulting From Negligence: For a claim to be valid, it’s not enough to prove negligence. You must also prove that the negligence directly caused an injury.
- Significant Damages from the Injury: If you have been injured, but the injury has not caused significant harm such as disability, severe pain, extreme hardship, and/or substantial loss of income, it may not meet the legal criteria for medical malpractice.
Each medical malpractice case is unique, presenting its own challenges. That’s why understanding these fundamental aspects of medical malpractice is crucial as you consider pursuing a case. In this guide, we’ll discuss common types of medical malpractice, steps to take if you suspect you’re a victim, and how to seek competent legal help right here in Las Vegas. With the team at Jack Bernstein Injury Lawyers at your side, you’re not alone in this daunting journey.
Common Causes and Types of Medical Malpractice
When we talk about medical malpractice, it’s not restricted to one form of error. There are several types of medical negligence, each carrying its own set of complexities. Some of the most common forms of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis: When a healthcare professional fails to diagnose a patient’s condition accurately and promptly, it can lead to incorrect or delayed treatment, causing further harm or even life-threatening situations.
- Surgical Errors: These are mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues.
- Medication Errors: This can occur when a healthcare professional administers the wrong medication, prescribes an incorrect dosage, or fails to consider harmful drug interactions.
- Childbirth Injuries: Negligence during prenatal care or delivery can result in significant harm to both the mother and the child.
- Anesthesia Errors: Mistakes with anesthesia can be extremely dangerous, leading to permanent injury, brain damage, or even death.
- Failure to Treat: This occurs when a doctor fails to recommend necessary treatment after diagnosis, often due to a rushed attempt to discharge patients or overlook their symptoms.
Experiencing any of these can be distressing, but it’s important to remember that there are legal steps you can take to seek compensation for your suffering and loss.
Action Steps For Victims
If you suspect you’ve been a victim of medical malpractice, taking timely action can make all the difference. Here are some crucial steps you can follow:
- Get a Second Medical Opinion: Seek advice from another medical professional to understand your condition and determine if your current or previous treatment was appropriate.
- Document Your Experience: Make detailed notes of your medical visits, treatment plans, and any adverse effects you’ve experienced.
- Gather Medical Records: Collect all relevant medical records, including diagnosis reports, treatment details, prescription records, and hospital bills.
- Preserve Evidence: If there are tangible elements involved, such as incorrect medication packaging or harmful medical devices, keep them safe as they could be critical pieces of evidence.
- Contact a Reputable Medical Malpractice Lawyer: Legal intricacies can make it difficult to prove a malpractice case. A qualified attorney, like those at Jack Bernstein Injury Lawyers, can guide you through the process, providing necessary legal counsel.
Each situation is unique and might require different or additional steps. That’s why having the right legal advice is invaluable during these challenging times.
The Importance of Legal Representation in Medical Malpractice Cases
Medical malpractice cases are often highly complex and require an in-depth understanding of both medical and legal nuances. As attorneys at Jack Bernstein Injury Lawyers, we know firsthand the intricacies involved and the importance of having skilled legal representation.
For one, the legal procedures surrounding medical malpractice can be intricate and time-consuming. You’re not just dealing with your medical recovery but also potentially going head-to-head with insurance companies, healthcare providers, and their legal teams. At Jack Bernstein Injury Lawyers, we navigate these procedures for you, providing legal guidance every step of the way.
Moreover, proving medical malpractice isn’t always straightforward. It requires demonstrating a breach of the standard of care and showing a direct link between this breach and your injuries or worsening health. Our team at Jack Bernstein Injury Lawyers is well-versed in establishing these crucial elements and gathering the necessary evidence.
Lastly, the negotiation process with insurance companies can be stressful and intimidating. Our lawyers possess the experience and negotiation skills necessary to take on these companies, ensuring you receive a fair settlement.
Steps When Seeking Compensation for Medical Malpractice
If you believe you have been a victim of medical malpractice, the path to compensation involves several critical steps. At Jack Bernstein Injury Lawyers, we guide you through each one:
Establishing Medical Malpractice: To establish medical malpractice, we must demonstrate that a healthcare provider’s negligence led directly to your injury or health deterioration. This often involves a thorough review of medical records, consultation with medical experts, and diligent gathering of evidence.
Calculating Damages: We work with you to calculate the full extent of your damages. This includes medical expenses, lost income, future treatment costs, and non-economic damages such as pain and suffering.
Filing a Claim: We prepare and file a detailed claim, outlining the case against the healthcare provider or hospital, including the evidence of negligence and the calculation of damages.
Negotiating a Settlement: Our team aggressively negotiates with the insurance company or defense counsel, advocating for a fair settlement that fully compensates for your damages.
Taking the Case to Trial: If a fair settlement can’t be reached, we are prepared to take your case to court. We have a strong track record of winning at trial and are committed to fighting for justice for our clients.
At Jack Bernstein Injury Lawyers, we understand the devastating impact of medical malpractice, and we are committed to helping our clients navigate this challenging process.
Why Hire Jack Bernstein Injury Lawyers?
Experience and Expertise: Since 1983, Jack Bernstein has a proven track record of successfully representing clients in medical malpractice and person injury cases recovering millions of dollars in verdict and settlements. Jack Bernstein Injury Lawyers have the knowledge, experience, and resources to handle even the most complex motor vehicle accident cases in Nevada. With Jack on your side, you can feel confident that your case is in capable hands.
Personalized Approach: Jack Bernstein is personally involved in every single case the firm manages. A trademark of Jack’s counsel is his commitment to putting his clients’ needs first. Every malpractice case is unique, and our accident lawyers tailor their approach to meet your specific needs. We will take the time to listen to your story, gather evidence, ensure you receive the proper medical care, and build a strong case on your behalf. When you work with Jack Bernstein Injury Lawyers, you will quickly find that you are not just another case number. You are a real person who is going through what is likely the most difficult time of your life.
Aggressive Representation: When it comes to fighting for your rights, Jack’s got your back. Our medical malpractice lawyers are known for their tenacity and will fiercely advocate for your best interests. Whether through negotiation or litigation, we will pursue the maximum compensation available for your medical expenses, lost wages, pain and suffering, and other damages.
Comprehensive Legal Support: Our commitment to your success goes beyond just legal representation. We have a network of trusted professionals, including accident reconstruction experts, medical specialists, and investigators, who can help strengthen your case. We handle all aspects of your claim, so you can focus on your recovery while we handle the legal complexities.
No Fee Unless We Win: We believe that everyone should have access to elite legal representation, regardless of their financial situation. That’s why we work on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we successfully recover compensation for you.
Medical Malpractice Case FAQs
No, a negative outcome does not automatically signify medical malpractice. Medicine is an inherently risky field and not all treatments or procedures guarantee success. To have a medical malpractice case, you need to prove that the healthcare provider deviated from the standard of care in their field.
Medical professionals are legally required to obtain your informed consent before proceeding with a procedure, barring emergency situations. If a doctor failed to do so, it might constitute medical malpractice, especially if you suffered harm as a result.
You have a legal right to obtain a copy of your medical records. Usually, this process involves contacting your healthcare provider’s records department and filing a formal request, sometimes accompanied by a small fee.
In Nevada, you typically have three years from the date of injury, or one year from the date you discovered the injury, whichever occurs first, to file a medical malpractice lawsuit. However, there are exceptions, so it’s essential to consult with an attorney immediately to understand your specific timeline.
Medical malpractice in Nevada is when a healthcare provider’s negligence causes injury or harm to a patient. This might include errors in diagnosis, treatment, aftercare, or management of a health condition.
Yes, you can sue a doctor for medical malpractice in Nevada. Moreover, other healthcare providers, such as nurses, anesthesiologists, physical therapists, and surgeons, can also be held accountable if their negligence caused harm.
In a successful medical malpractice lawsuit, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and possibly punitive damages if the conduct was especially egregious.
Jack Bernstein Injury Lawyers guide you through every step of your case, from collecting evidence and filing paperwork, to negotiation or trial. We work tirelessly to ensure your rights are protected and that you receive the maximum compensation possible.
At Jack Bernstein Injury Lawyers, we operate on a contingency fee basis. This means you owe us nothing unless we win your case. Our fees come from a portion of the settlement or judgment received.
The length of a medical malpractice lawsuit varies widely depending on many factors, including the complexity of the case, the parties involved, and the court’s schedule. It can range from several months to several years.
Contact Us for a Free Consultation
If you have been a victim of medical malpractice, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas malpractice lawyers. You will gain an advocate for every stage in the claims process until you have the compensation you deserve.
Jack Bernstein Injury Lawyers is available to help you handle your medical malpractice claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you the personalized service and legal representation you deserve after a malpractice incident.
Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.