Medical Malpractice
Mesquite Medical Malpractice Attorney
Injured by a Negligent Healthcare Provider in Mesquite, NV?
What is Medical Malpractice?
The Elements to Prove Medical Malpractice in Nevada
In Nevada, to successfully prove a medical malpractice case, certain elements must be established:
- Duty of Care: The healthcare provider owed a duty of care to the patient.
- Breach of Duty: The provider breached that duty by failing to meet the standard of care.
- Causation: The breach of duty directly caused the patient’s injury.
- Damages: The patient suffered actual damages as a result of the injury.
Each of these elements must be proven with clear and convincing evidence, often requiring expert testimony from medical professionals.
The statute of limitations for filing a medical malpractice claim in Nevada is generally three years from the date of the injury or one year from the date the injury was discovered, whichever comes first.
Common Types of Medical Malpractice
Medical malpractice can occur in various forms, including but not limited to:
- Misdiagnosis or Delayed Diagnosis: Failure to diagnose a condition promptly can lead to worsening of the illness and reduced chances of recovery.
- Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving surgical instruments inside the patient, can cause severe harm.
- Medication Errors: Incorrect prescriptions or administration of medication can result in adverse reactions or lack of treatment efficacy.
- Birth Injuries: Negligence during childbirth can lead to serious injuries to both the mother and child, such as cerebral palsy or nerve damage.
- Anesthesia Errors: Improper administration of anesthesia can cause brain damage or even death.
Who is Liable for Medical Malpractice?
Liability in medical malpractice cases can extend to various parties, depending on the circumstances of the case. Potential liable parties include:
- Doctors: Physicians may be held accountable for errors in diagnosis, treatment, or surgery.
- Nurses: Nursing staff can be liable for failing to provide adequate care or follow proper procedures.
- Hospitals: Healthcare facilities may be responsible for negligence in hiring or training staff, or for failing to maintain a safe environment.
- Pharmacists: Errors in dispensing medication can make pharmacists liable for malpractice.
- Specialists: Specialists, such as anesthesiologists or radiologists, can be held liable for errors in their specific areas of expertise.
How a Mesquite Medical Malpractice Attorney Can Help
Navigating a medical malpractice case requires a skilled attorney who can analyze medical records, consult with experts, and build a strong case. At Bertoldo Carter Smith & Cullen, our Mesquite medical malpractice attorneys will:
- Investigate the Case: We will thoroughly review all medical records and gather evidence to support your claim.
- Consult Experts: We work with medical experts to establish the standard of care and how it was breached.
- Negotiate Settlements: Our team will negotiate with insurance companies and opposing counsel to seek a fair settlement.
- Litigate in Court: If a fair settlement cannot be reached, we are prepared to take your case to court and advocate on your behalf.
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