We place our trust in doctors, nurses and other health care workers to care for us when we are ill. The problem is, some of these medical professionals may provide substandard care that may result in serious or life-threatening injuries. If this happens, victims may have grounds for a medical malpractice case.
Are you or a loved one a victim of medical malpractice? If so, it is important to speak to an attorney right away, as there is limited time to file a claim.
The Las Vegas medical malpractice attorneys at Bernstein & Poisson have been serving clients injured by medical malpractice since 1983. You do not need to handle this situation alone. Firm partners Scott Poisson and Jack Bernstein are personally involved in every single case managed by our firm.
We are here to help pursue compensation for your existing and future medical bills, and other damages. We offer a free consultation to discuss the facts of your claim and talk over what legal options may be available to you.
Our firm has represented injury victims for decades in a variety of cases, and we have successfully recovered millions in compensation.
What is Medical Malpractice?
Healthcare professionals are required to provide care that meets accepted standards in the medical community. Medical malpractice may occur if a doctor or other medical professional’s negligence leads to an injury during surgery, routine check-ups, testing or another stage of treatment.
Some common examples of medical malpractice include, but are not limited to:
- Failure to prevent a birth injury
- Prescribing the wrong medication or an improper dose
- Performing the wrong surgical procedure, such as operating on the wrong arm or leg
- Performing an unnecessary surgery
- Anesthesia errors
- Emergency room misdiagnosis
- Wrongful discharge from medical care
- Failure to diagnose cancer
- Failure to diagnose a heart attack or stroke
- Failure to properly monitor patients
- Failure to order appropriate medical tests
- Failure to refer a patient to a specialist
For a free legal consultation with a lawyer serving Las Vegas, call (702) 997-6999
Do I Have a Case?
It is important to understand patients do not have a case simply because their treatment had a bad result. While every situation is different, victims and their attorneys must prove four things to have a valid medical malpractice case.
The first aspect of a valid case is a doctor/patient relationship. You need to show you either received treatment or agreed to be treated by a medical professional. Once this relationship is established, the doctor or other health care provider owes you a duty to provide care that meets accepted standards in the medical community. In other words, the doctor must have provided treatment that is similar to what would have been provided by a doctor with similar training in a similar situation.
The third aspect of a valid case is linking the doctor’s failure to uphold a duty of care to your injury. The doctor’s action or inaction must have directly led to your injury. Your attorney will likely need to bring in a medical expert to help establish this link.
The fourth component of a medical malpractice case is damages. You need to provide proof of the damages that resulted from your injuries, like medical bills.
Personal Injury Lawyer Near Me (702) 997-6999
Why Should I Hire an Attorney?
Building a robust medical malpractice case against a doctor takes time and a thorough investigation. Gathering evidence requires significant resources and knowledge of Nevada medical malpractice laws.
For example, medical malpractice attorneys often need to file public records requests or secure court orders to obtain some documents. An affidavit of merit must also be filed with any medical malpractice complaint in Nevada. This document contains an opinion from a medical expert witness supporting the claim of medical malpractice.
At Bernstein & Poisson, our attorneys not only have decades of experience, but we also have the resources to thoroughly investigate your claim. We know how to evaluate medical malpractice damages to determine the full value of a case. We know how to find the appropriate medical experts and other witnesses to help bolster your claim.
We are prepared to manage every step of the process on your behalf while you focus on recovering from your injuries. We understand this is likely a stressful and challenging time and we are prepared to help.
The initial consultation to discuss your claim is free and there are no fees unless we successfully recover compensation on your behalf. This means there is no risk to you.
Contact our Las Vegas Medical Malpractice Attorneys today
Who May Be Liable for Damages?
While doctors are often held liable for medical malpractice damages, there are other medical professionals who may be at fault, such as:
- Registered nurses
- Nurse practitioners
- Medical facilities
- Medical technicians
- And more
The Las Vegas medical malpractice attorneys at our firm understand the complexities of these cases. We are committed to seeking compensation and holding at-fault parties accountable. We want justice for our clients, and we want medical professionals held accountable to help prevent others from being victims of malpractice.
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What is a Medical Malpractice Case Worth?
Each case has its own set of facts, so it is difficult to determine what the value of the victim’s damages may be until all the facts are known. This is generally something that should be done with help from an experienced attorney. You should not trust the insurance company’s valuation of your case.
One of the biggest parts of any medical malpractice claim is the medical expenses for treating the victim’s injuries. We are prepared to pursue all past and future medical expenses for treatment of your injuries, including:
- CT Scans
- Follow-up visits
- Rehabilitation therapies
- In-home care services
- Medical equipment
- And more
Lost wages and lost earning capacity may also be available if you missed work or your ability to continue working in the same capacity was affected. If the case involves the death of a loved one caused by medical malpractice, we may be able to seek wrongful death damages, such as funeral and burial costs and loss of financial support and other damages.
Non-economic damages may also be available (pain and suffering, loss of companionship, lost enjoyment of life, etc.). Nevada limits non-economic damages in medical malpractice cases to $350,000. In some rare cases, punitive damages may be awarded if the liable party’s actions were found to be especially malicious or negligent.
Is There a Time Limit to File a Lawsuit?
Yes, there is a statute of limitations that limits the amount of time you are given to file a lawsuit for medical malpractice. For most cases, the deadline is one year. That means if you do not file a lawsuit within one year, you likely lose the right to do so.
While this is the standard deadline, there are exceptions for certain cases. For example, if the victim is a child who suffered brain damage or a birth defect, parents have until the child’s 10th birthday to file a lawsuit.
There may be other exceptions, but these should be discussed with a qualified attorney. Since the clocks is probably already ticking on your case, it is important contact an attorney right away, as investigating the claim may take time.
Call Our Las Vegas Medical Malpractice Lawyers for Help
If you believe you or a loved one are the victim of medical malpractice, you should strongly consider seeking legal counsel as soon as possible. The clock is ticking on the statute of limitations and once it runs out you may be unable to pursue compensation.
At Bernstein & Poisson, our attorneys have been handling medical malpractice cases for more than three decades. We have a proven track record, recovering millions in compensation.
We offer a free consultation to discuss your claim and do not get paid unless we win.