Medical malpractice cases often have the largest payouts of any personal injury claim. However, they are the most complicated and difficult to win. The average damages awarded in medical malpractice is about $400,000. However, plaintiffs only win about 20% of the time. Learn about medical malpractice in Reno and why you should consult with a personal injury firm like Lerner and Rowe on your case.
What Is Medical Malpractice in Reno?
In Reno, Nevada, medical malpractice is called professional negligence. This type of negligence involves a licensed medical practitioner treating a patient. When that treatment goes wrong and injures a patient, the patient is legally entitled to pursue a claim. Professional negligence can include:
- Not properly diagnosing a condition.
- Making a significant mistake during treatment, such as a dentist drilling on the wrong tooth.
- Another medical professional, like a nurse, not following a doctor’s order.
If a patient’s injuries can be explained without a medical professional, that case falls under the guise of ordinary negligence. This could potentially make it easier for a plaintiff to pursue a case. If the medical malpractice requires the expertise of a doctor, the case requires a medical affidavit to proceed in court.
Is Medical Malpractice Common?
Medical malpractice is fairly common throughout the United States. National Practitioner Databank reports that it’s more frequent in larger states like California and New York. From 2009 to 2018, there were just over 12,000 cases in the State of Nevada. Even though the total number of cases seems small, medical malpractice may be more common than thought. The Mongan Institute of Health conducted a study and found that one-fifth of doctors concealed medical malpractice to avoid a lawsuit.
Medical malpractice can range on the spectrum of negligence. A misdiagnosis is an honest mistake that a doctor can make while rushed. However, other types of malpractice can be dangerous, such as an operation for the wrong condition, or mixing up medications and creating a harmful drug interaction for a patient.
Should You Consult a Medical Malpractice Lawyer?
A medical malpractice case can be challenging for a plaintiff. In Nevada, a medical affidavit is required to pursue a case in court. The affidavit must be written by a medical professional practicing in the same field as the defendant. There is also a required settlement conference. There are also cases where the medical affidavit might not be required.
Let’s say a patient falls at a hospital or is unsafely discharged. These are instances where a practitioner is not practicing on a patient. The statute of limitations is shorter for ordinary negligence cases. Ordinary negligence cases are easier for the plaintiff to get into court for, but they have a shorter time to get into court.
You should consider working with a personal injury lawyer in Reno, like Lerner and Rowe, who can fully understand the nuances of your medical malpractice in Reno case. You might not need an affidavit, but the law can impact your statute of limitations.
The Statute of Limitations for Medical Malpractice in Reno
The statute of limitations is the deadline for filing your case. Per Nevada law, a claim based on professional negligence generally must be filed within “3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.”
Sometimes, medical malpractice is not discovered for quite some time until after it has happened. If the medical malpractice is discovered later, the statute of limitations is tolled for the date of the discovery. A personal injury attorney in Reno can help you file your case within the statute of limitations, ensuring your chances at compensation.
How Much Are Damages In Medical Malpractice?
In Nevada, there is a $350,000 cap on non-economic damages. The cap is per plaintiff. If you have multiple defendants in your case, the cap is still $350,000. The cap stays the same if the medical malpractice results in wrongful death.
Economic damages are unlimited. These include pain and suffering, medical bills, lost wages, and other expenses faced because of the malpractice. A personal injury lawyer can help determine these costs and present them during negotiations. Punitive damages in medical malpractice cases are rare, but a jury can apply them in situations of gross negligence.
Why Should You Work With a Medical Malpractice Lawyer?
The biggest obstacle for plaintiffs is legal procedures. In Baxter v. Dignity Health, a plaintiff filed the medical affidavit and complaint separately and the court erringly dismissed their case. A lawyer could have potentially fought this dismissal. Other issues that self-represented plaintiffs might face include:
- Motions to dismiss brought by the defendant’s lawyer.
- Not filing paperwork on time.
- Not knowing Nevada case law well enough to mount a case.
- Judge and jury misconceptions about self-represented plaintiffs.
A Reno personal injury lawyer experienced in malpractice can help a plaintiff mount a viable case.
Work with Lerner and Rowe in Reno, NV
Call 775-644-4444 to schedule a free consultation. Over the last four years, Lerner and Rowe have helped clients nationwide recover over $1 billion total for personal injury claims. Medical malpractice cases are often more complicated than regular personal injury cases, and a lawyer can help.
You can reach Lerner and Rowe 24 hours a day, 7 days a week by phone 775-644-4444 and connect with us online through LiveChat or by sending your case information through this encrypted online form. The Reno personal injury lawyer at Lerner and Rowe works within walking distance of Reno Justice Court. For impeccable legal services from a Reno local, Lerner and Rowe is the way to go.