Receiving medical care of any kind requires putting faith and trust in your doctor or other medical professional. However, a doctor can still make mistakes when diagnosing a condition, prescribing treatment, or performing surgery.
If you or a loved one sustained harm due to a medical professional’s negligence, a Reno medical malpractice lawyer can help you file a compensation claim. With the help of skilled personal injury attorney John Arrascada on your side, you can aggressively pursue a claim and seek justice for injuries caused by a doctor’s malpractice.
When a doctor makes a mistake and hurts a patient, medical malpractice occurs. Malpractice can take several forms, such as misdiagnosing a serious condition like cancer or causing damage during surgery.
Misprescribing medication or treatments also constitutes medical malpractice. Medical malpractice can happen because of a doctor or other health professional’s negligence while working on a patient’s case. For example, a radiologist who misreads an image or a laboratory that conducts a faulty test could commit malpractice in addition to the doctor directly treating a patient.
Medical malpractice can endanger an individual’s life as well as delay treatment while the doctor or other healthcare professional corrects the error. This can lead to higher medical bills and additional resources if the injury impacts quality of life. It is essential to hold the person responsible accountable for their careless actions. A Reno attorney skilled in handling medical malpractice cases could assist an individual in filing a successful claim.
The award for a medical malpractice claim depends on the extent of negligence involved. For medical malpractice to occur, the doctor must have breached their legal duty of care and caused damages. According to Nevada Revised Statutes 41A.007 and 41A.011, a person may be entitled to both economic and non-economic damages. Economic damages include:
Non-economic damages, on the other hand, refer to intangible losses. These include:
Proving negligence requires evidence that the duty of care was breached. In most cases, the duty of care is reasonableness, meaning the standard of behavior is that of a reasonable person in the same situation. For medical malpractice, however, the standard is the “reasonable care, skill, or knowledge ordinarily used under similar circumstances by similarly trained and experienced healthcare providers”. A Reno lawyer can help you prove that medical malpractice occurred and work toward securing compensation from the responsible parties.
A medical malpractice claim requires more evidence than simply showing that a doctor’s care was insufficient compared to other medical professionals. For a medical malpractice claim to be initiated, a person must secure an affidavit from a medical expert explaining how the malpractice occurred and by whom it was committed.
Without this affidavit of merit, your claim will be dismissed by the court. Similarly, an individual must file their claim within the statute of limitations, which depends on when the malpractice occurred and when the plaintiff discovered their injury.
According to Nevada Revised Statutes § 41A.097, for injuries that occur on or after October 1, 2023, the statute of limitations to bring a medical malpractice claim in Nevada is two (2) years from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury – whichever is sooner.
For injuries that occurred from October 1, 2002, to October 1, 2023, the statute of limitations is one (1) year from the time you discovered (or should have discovered) your injury or three (3) years from the date the medical provider caused your injury – whichever is sooner. If you do not file your claim within this time window, you will lose your right to bring a lawsuit altogether.
A medical malpractice attorney in Reno can help you successfully file a claim and ensure that your rights are protected throughout the process. They can help gather evidence and ensure your claim meets all procedural requirements.
While you recover from the damage that your doctor or medical professional caused, our team can help you seek the compensation you deserve. John Arrascada has the experience needed to secure a favorable settlement.
By working with a Reno medical malpractice lawyer, you can hold a health provider responsible for their actions. To schedule a consultation for your case, reach out to The Law Offices of John Arrascada as soon as possible.
(775) 310-0084 