By Farhan Naqvi, Medical Malpractice Lawyer in Las Vegas
Losing a loved one is difficult enough. But seeing a family member pass away as a result of subpar medical care can be nearly unbearable. If this has happened to your spouse, child, or parent, you may want to file medical malpractice lawsuit.
In order to prevail in a medical malpractice lawsuit, you must prove that medical negligence (i.e. error made by a doctor, surgeon, or hospital staff) existed with respect to the decedent and that such negligence resulted in their death.
Medical negligence occurs when the accepted standard of care was not provided to a given patient. In other words, if another doctor would have acted in a different manner which would have saved your loved one’s life, then the treating doctor is guilty of medical negligence.
In addition, as a general rule of evidence in Nevada law, the plaintiff must supply expert medical testimony to show that medical negligence was present. The statute of limitations in medical malpractice cases in Nevada is four years from the date of the person’s death (though there are some exceptions to this rule).
Damage awards in medical malpractice cases can vary widely. There is no limit to the amount of economic damages that can be awarded in these types of cases. Economic damages include medical care and burial expenses as well as the loss of future wages and salary.
The state of Nevada has placed a cap of $350,000 on the amount of non-economic damages in medical malpractice cases. However, if the court finds that “gross negligence” was involved, the amount of damages can exceed that amount. Non-economic damages include compensation awarded for pain and suffering, mental anguish, and loss of consortium.
A qualified personal injury attorney can answer your questions about the details of your specific medical malpractice lawsuit.
About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.
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