MEDICAL MALPRACTICE LAWYER IN LAS VEGAS

Medical malpractice can occur in many healthcare settings when a patient is harmed by the negligence of a licensed healthcare provider. This may include care provided at a hospital, emergency room, doctor’s office, rehabilitation center, outpatient surgery center, dialysis clinic, skilled nursing facility, or through home healthcare services.

Medical malpractice claims may involve physicians, nurses, advanced practice registered nurses (APRNs), physician assistants (PAs), radiology technicians, therapists, mental health professionals, and other licensed providers.

To have a valid medical malpractice claim in Las Vegas, Nevada, you generally must establish four elements:

Duty of Care

A healthcare provider generally owes a duty of care once they begin treating a patient. This means they are expected to act as a reasonably careful provider would under similar circumstances.

Breach of Duty

A breach occurs when a healthcare provider fails to meet the applicable standard of care. This can involve taking an action that should not have been taken or failing to take an appropriate action.

Causation

You must also show that the breach of the standard of care caused the injury, loss, or death. This can be one of the most challenging elements to prove, particularly when the cause of the harm is not immediately clear.

Damages

Damages refer to the harm and losses caused by the malpractice. These may include economic damages, such as lost wages, reduced future earning capacity, past and future medical expenses, and loss of a spouse’s services, as well as non-economic damages, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of companionship or protection.

A Las Vegas medical malpractice attorney can review your case and help determine whether these elements may be present and how Nevada law may apply.

Medical malpractice is a serious matter. If you believe a healthcare provider’s mistake caused you harm, your priority should be your health and safety. Seek medical attention from another provider as soon as possible to get a second opinion or additional treatment. Be sure to explain your concerns and share what happened so your new provider understands your medical history and current condition.

You should also begin collecting records related to your medical care, including hospital records, doctor’s notes, prescriptions, test results, discharge paperwork, and imaging records. Because obtaining complete medical records can take time, it may be helpful to request them early.

You may also want to document important dates, conversations, symptoms, and any visible injuries with photographs or videos when appropriate.

Once your immediate medical needs are addressed, consider speaking with a medical malpractice attorney about your legal options. These cases are often complex and may require extensive medical evidence, expert testimony, and a detailed review of what went wrong.

Morgan & Morgan offers free case evaluations for individuals who believe they may have been harmed by medical negligence. With more than 1,100 attorneys nationwide and decades of experience handling complex injury cases, our team can review your situation and help you understand whether you may have a valid claim in Las Vegas, Nevada.

To prove medical malpractice, a patient generally must present evidence showing that a healthcare provider was negligent and that the negligence caused injury, loss, or death.

Medical records are an important part of these cases because they document the patient’s medical history, treatment, medications, test results, and the care provided by healthcare professionals. These records may help identify departures from the applicable standard of care, such as incorrect medication dosages, missed diagnoses, or improper procedures.

Expert witnesses, often qualified physicians or other healthcare professionals, may also play a key role. They can explain complex medical issues, evaluate whether the provider met the applicable standard of care, and offer opinions about whether the provider’s actions or failures contributed to the patient’s injuries.

You generally must also establish that a doctor-patient relationship existed, creating a duty of care.

Finally, you must prove causation by showing that the provider’s negligence caused your injury. Expert testimony and medical evidence can help connect the breach of the standard of care to the harm you suffered.

Yes. You may be able to bring a medical malpractice claim against a hospital if its negligence contributed to your injuries. This can involve issues such as inadequate staffing, improper credentialing or supervision, or unsafe or defective equipment.

However, if the negligent provider was an independent contractor rather than a hospital employee, liability may rest with the individual provider instead.

Yes. You may still be able to pursue a medical malpractice claim even if the injury was not permanent, as long as you can show that the provider’s negligence caused harm. Compensation may be available for medical expenses, additional treatment, pain and suffering, and other losses resulting from the malpractice.

Medical care should not cause unnecessary harm or added expenses because of a preventable error. If you believe you were injured by medical malpractice, contact Morgan & Morgan to learn more about your legal options.

There are legal time limits that determine how long an injured person has to file a medical malpractice lawsuit. These deadlines are known as statutes of limitations.

The statute of limitations for medical malpractice claims varies by state and can depend on factors such as when the malpractice occurred, when the injury was discovered, and who is involved in the case. Some states also impose a statute of repose, which can create a final deadline for filing regardless of when the injury was discovered.

Because these deadlines can vary and exceptions may apply in certain situations, it is important to speak with an attorney as soon as possible if you suspect medical malpractice. Waiting too long could affect your ability to pursue compensation.

The time it takes to resolve a medical malpractice lawsuit can vary widely depending on several factors, including the complexity of the case, the severity of injuries, and the willingness of the parties to settle.

Unlike many other types of law, medical malpractice cases nearly always require litigation. While most cases settle without the need for trial, at Morgan & Morgan, we approach every case as if it will require trial to resolve, as there is no way to predict which ones will require trial. While the complexity of some cases often requires years of litigation, our goal is always to apply maximum effort and resources toward resolving your case and maximizing your recovery, and we try to do that as expeditiously as possible.

Settling a medical malpractice case out of court involves several key steps designed to resolve the dispute without the need for a trial. Settling out of court typically involves:

• Demand letter: Your lawyer sends a letter to the defendant outlining your claim and damages.
• Negotiations: Both parties engage in negotiations, often with the help of mediation or arbitration.
• Settlement agreement: If a settlement is reached, both parties sign an agreement resolving the claim, and the case is closed without proceeding to trial.

Settling a medical malpractice case out of court can be a complex but often quicker and less stressful alternative to litigation. It allows both parties to control the outcome without the unpredictability of a jury trial.

At Morgan & Morgan in Las Vegas, Nevada, our medical malpractice attorneys are prepared to take your case to trial when necessary and will continue pursuing the full and fair compensation you may be entitled to.

A medical malpractice trial is a formal legal proceeding in which a judge or jury examines the evidence to determine whether a healthcare provider’s negligence caused harm to a patient. Medical malpractice trials can be lengthy, sometimes up to four weeks, and can also be very costly. That is why we will always make every effort to resolve your case without the need for trial, while always being prepared to take your case to trial if it comes to that.

Jury Selection

If the trial involves a jury, the process begins with jury selection (voir dire). Attorneys from both sides question potential jurors to determine any biases or conflicts of interest that could affect their impartiality.

The goal is to assemble a fair and unbiased jury that will objectively evaluate the evidence presented.

Opening Statements

The plaintiff’s attorney presents the case overview, explaining the alleged medical negligence and how it caused harm to the patient. This sets the stage for the evidence that will be presented.

The defense attorney responds with their perspective, outlining why they believe the healthcare provider was not negligent or that the negligence did not cause harm.

Presentation of Evidence and Witness Testimony

The plaintiff’s side presents evidence, including medical records, expert testimony, and witness statements. Expert witnesses, usually medical professionals, play a critical role by explaining how the standard of care was breached and how this breach led to the injury. The defense will cross-examine the plaintiff’s witnesses to challenge their credibility, the validity of their testimony, or the conclusions drawn.

The defense then presents its evidence, which may include expert testimony arguing that the provider met the standard of care or that another factor caused the injury. The plaintiff’s attorney can cross-examine these witnesses to challenge their conclusions and identify inconsistencies or weaknesses in their testimony.

Rebuttal

The plaintiff may present rebuttal evidence to counter the defense’s claims. This phase allows the plaintiff to address specific points raised by the defense’s evidence and testimony.

Closing Arguments

The plaintiff’s attorney summarizes the case, emphasizing the key evidence and testimony that support the claim of negligence. The defense attorney responds, highlighting the lack of evidence or alternative explanations for the injury.

Each side uses this opportunity to present its position and emphasize the strongest aspects of its case to the judge or jury.

Jury Deliberation

The jury deliberates in private, discussing the evidence and arguments presented. They must reach a unanimous decision in most cases, although some jurisdictions allow a majority verdict.

Verdict

The jury returns with a verdict, deciding whether the healthcare provider was negligent and, if so, the amount of compensation owed to the plaintiff.

The verdict can either be in favor of the plaintiff, awarding damages, or in favor of the defense, absolving the healthcare provider of liability.

Post-Trial Motions and Appeals

Either party can file motions after the verdict, such as a motion for a new trial or a motion to alter the judgment if they believe there were errors during the trial.

If the losing party believes that legal errors affected the outcome, they may file an appeal. An appellate court will review the trial proceedings for fairness, but does not re-examine the facts.

An expert witness plays a crucial role in medical malpractice cases, serving as a key component in establishing whether a healthcare provider acted negligently. Their specialized knowledge can help explain complex medical issues to judges, juries, and attorneys, and their testimony may play an important role in the outcome of the case.

They can help to establish the standard of care, prove negligence, explain medical concepts, interpret evidence, provide objective opinions, testify in court, rebut defense claims, and even assist in settlement negotiations.

Medical malpractice claims can be complex, and defendants, often doctors, hospitals, or other healthcare providers, employ a variety of defenses to challenge allegations of negligence. These can include:

• Standard of care met: Arguing that the medical provider met the accepted standard of care.
• No causation: Claiming that the alleged negligence did not directly cause the injury.
• Contributory negligence: Asserting that the patient’s actions contributed to their harm.
• Informed consent: Proving that the patient was informed of the risks and still chose to proceed with treatment.
• Blame the patient: All states allow Defendants to point the finger at the patient, and ask that a jury reduce a damages award due to the negligent conduct of the patient. The most common allegations of patient negligence are failing to provide an adequate history, failing to follow up with a doctor, medication non-compliance, and failing to get to a hospital in a timely manner once symptoms begin.
• Statute of limitations expired: Defendants may argue that the claim was not filed within the legal time limit.

Understanding these potential defenses can help plaintiffs and their attorneys build stronger cases to counter these common arguments. An experienced medical malpractice attorney can help you anticipate common defenses, develop a strategy to respond, and protect your claim throughout the legal process.

If you file a medical malpractice claim, the compensation you may receive typically falls into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages.

Economic Damages

These cover the quantifiable financial losses you’ve incurred as a result of the medical malpractice. They include:

• Past medical expenses: Reimbursement for past and current medical bills related to the malpractice, such as surgeries, hospital stays, medications, physical therapy, and assistive devices.
• Future medical expenses: The cost of future medical care, surgeries, treatment, therapy, nursing care, aide and attendant care, and any other care or treatment which will most likely be necessary in the future.
• Lost wages: Compensation for income lost due to missed work while recovering.
• Loss of earning capacity: If the malpractice affects your ability to work in the future, you can receive compensation for reduced earning potential.
• Wrongful death damages: In the event that the malpractice results in the death of a patient, a surviving spouse and surviving children may be entitled to compensation for loss of monetary support and loss of household services that were provided by the deceased victim.

Non-Economic Damages

These compensate for the intangible losses you’ve suffered, which don't have a direct monetary value but significantly impact your quality of life. They may include:

• Pain and suffering: Physical pain and emotional distress caused by the malpractice.
• Mental anguish: Mental pain, illness, suffering, and/or disease caused by the malpractice.
• Loss of enjoyment of life: If the malpractice limits your ability to participate in hobbies, activities, or other parts of life you previously enjoyed.
• Inconvenience: Any disruption of normal daily living that resulted from the malpractice, including having to travel to and from doctors, undergo therapy, rearrange lifestyles, etc.
• Disfigurement or disability: Compensation for permanent physical impairment or visible scars resulting from the malpractice.

Punitive Damages

Punitive damages are less common and are awarded to punish the healthcare provider for particularly reckless or egregious conduct. These damages are designed to deter similar behavior in the future.

State-Specific Caps

It’s important to note that some states have caps on non-economic damages in medical malpractice cases. For example, certain states may limit the amount you can recover for pain and suffering, regardless of the severity of your case.

Factors Influencing Compensation

The amount you may receive will depend on several factors, including:

• The extent and permanence of your injuries.
• The cost of future medical care and treatment.
• The degree of negligence demonstrated by the healthcare provider.
• The specific laws in your state regarding medical malpractice claims.

Some states place limits on certain types of damages in medical malpractice cases, particularly non-economic damages such as pain and suffering. These caps vary widely by state, and some states have ruled them unconstitutional.

Economic damages, such as medical expenses, lost wages, and future care costs, may be treated differently from other types of damages. The amount of compensation available can depend on the severity of the injuries, the long-term effects of the malpractice, and the laws that apply to the claim.

A Las Vegas medical malpractice attorney can review your case and explain what types of compensation may be available and whether any limits apply.

If a doctor loses a medical malpractice case, they rarely will be required to directly pay damages to the plaintiff, as settlements and verdicts are typically paid by medical malpractice insurance carriers or self-insured hospitals. Following a verdict, a physician who is found liable for medical malpractice may also receive discipline on their license from their state regulatory board of medicine. This rarely results in a physician’s license being suspended or revoked, as those actions are typically reserved for repeat offenders, egregious mistakes, or intentional conduct.

Medical malpractice involves negligence by healthcare providers, while other personal injury claims can result from a broader range of incidents, such as car accidents or slip and falls. Medical malpractice cases require proving that the provider deviated from the medical standard of care, which is often more complex and involves expert medical testimony.

At Morgan & Morgan, we offer a free legal consultation for medical malpractice so you can learn more about the specifics of your case and what makes it distinctly medical malpractice.

Morgan & Morgan charges no upfront fees for medical malpractice cases.

That means The Fee Is Free™; you only pay if we recover compensation for you through a settlement or verdict. If your case is unsuccessful, you do not owe attorney’s fees.

We handle medical malpractice cases on a contingency fee basis because we believe everyone deserves access to experienced legal representation, regardless of their financial situation.

If you believe medical negligence caused you harm, Morgan & Morgan offers free case evaluations to help you better understand your legal options.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.

Hiring one of our medical malpractice lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan, you gain access to the resources of America’s Largest Injury Law Firm™. With more than 1,100 attorneys nationwide and over 700,000 clients helped, our firm has the experience and resources to handle complex medical malpractice cases.

Your case may be supported by a team of attorneys, paralegals, case managers, and other legal professionals working together on your behalf. You may also have a primary point of contact to answer questions, provide updates, and keep you informed throughout the process.

Yes, you can switch lawyers at any point in your medical malpractice case if you’re unhappy with your current representation. However, consider any financial implications, such as outstanding legal fees, and ensure your new attorney can handle your case effectively.

Morgan & Morgan offers free case evaluations to discuss the possibility of switching to one of our hospital negligence attorneys. You can call us anytime for free and without obligation.

Medical malpractice cases are often complex, requiring extensive evidence, expert testimony, and significant legal resources. Morgan & Morgan has more than 1,100 attorneys nationwide and has recovered over $35 for clients.

Many of our medical malpractice attorneys began their careers representing physicians, nurses, hospitals, and insurance carriers before turning their focus to advocating for injured patients and families. That experience gives our team valuable insight into how healthcare providers and insurers may evaluate and defend these claims.

Morgan & Morgan’s attorneys are committed to pursuing accountability when preventable medical errors cause harm. We work with respected medical experts to evaluate claims and help families understand their legal options. Fill out a free case evaluation to learn more about your legal options.