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Las Vegas Attorneys - Medical Malpractice | ||||||||||||||||
Medical
Malpractice Claims in
Las Vegas Clients who wish to make claims for Malpractice should first consult an attorney to discuss whether the claim makes sense. While most clients rely on attorneys to decide whether the malpractice claim is viable, the actual issue to be determined is whether the subject physician deviated from the standard of care, and this can only be proven by an opinion from another physician that practices in the same specialty. Medical malpractice cases are generally more expensive than other cases due to the need to hire medical experts. Retainer fees are sometimes required of clients in cases that are considered more risky, however Benson & Bingham will more often than not finance the entire case. It is important for victims to remember that their respective cases or claims have a time limit. Malpractice cases are guides by special rules, and therefore, a free consultation should be scheduled to determine whether a viable claim exists. Malpractice recovery caps on damages are now in effect as of October 2002, so Contact Benson & Bingham today to ensure your malpractice case is addressed in a timely manner. Malpractice claims fall under three types: Professional negligence, Gross negligence, and Malicious conduct. Simple negligence claims range from careless prescription adviceresulting in allergic reactions and sometimes death, to the complicated surgery choices that may be beyond the standard of care for a physician practicing in Clark County. Gross negligence claims come in many forms. Sponges left in body cavities after surgery make up a surprising amount of cases. Nurses are required to do a sponge count, but often the speed of the surgery is the actual priority, and sutures are tied over wet sponges that appear to look like tissue after being soaked with blood. Sponges, over time in the body, begin to get infected. The patient often feels the infection and not the sponge. Las Vegas Emergency Rooms often find the sponge when they X-ray the patient as all sponges contain an identification tag made of metal. Sponge cases are very serious, and can be life threatening. Foreign bodies of all types are excellent malpractice cases because they are easy to prove. Leaving a sponge, or scissorsyes scissors, in the body can be very painful. This items do show up on X-rays. Other objects left in the body can usually be found by a mere examination. Metal hardware, titanium plates, and other utensils and tools used in surgery can be found by X-rays. Burns have occurred when doctors fail to properly ground electrical devices used in surgery. Benson & Bingham has represented clients with leg and skin burns due bad grounding techniques. Payment
of Medical Expenses and the Effects of Nevada and Federal Law Making claims against Doctors or Physicians in Nevada falls under the Nevada revised statutes (NRS.) NRS 427 (A) Under the malpractice statute, the following medical providers must be sued with an Affidavit of malpractice: Nurse / Nurses, Doctor / Doctors, Physician / Physicians, Chiropractor / Chiropractors, Dentist / Dentists, Orthodontist / Orthodontists, Physical Therapist / Physical Therapy / Physical Therapists, Neurologists / Neurology, Orthopedic Surgeons / Orthopedic Surgery, Orthopedic Surgery, Optometry, Licensed nurses / nurse, podiatry doctor, doctor of podiatry medicine, eastern medicine doctors, oriental medicine doctors, medical laboratory techs and technicians, hospitals, emergency rooms, quick care units, or the staff of such facilities. | ||||||||||||||||
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