Las Vegas Medical Malpractice Lawyer

Your lawyer will review your case and evaluate how much compensation you may be entitled to if you pursue a lawsuit. They will consider your lost wages, pain and suffering, medical expenses, and even future medical costs that may arise from your injuries. By putting all of these factors together, they can provide an estimate of your case’s value and advise you on the best course of action. Our medical malpractice lawyers will also negotiate with insurance companies to ensure you receive the maximum compensation possible.

There are many factors that go into calculating the cost of a medical malpractice lawsuit. Common expenses include attorney fees, expert witness fees, litigation costs, and court filing fees. While these costs may sound overwhelming, it’s important to know that at Benson & Bingham Accident Injury Lawyers, you will never be asked to pay anything upfront. Our firm works on a contingency fee basis, meaning we only get paid if we successfully recover compensation for you. That means you don’t pay a penny for us to jump in and help you.

Most fees and costs are taken directly from the final settlement or verdict, so clients are not left paying out of pocket. Across the United States, the average medical malpractice settlement varies by liability, injury severity, and damages. This could be upwards of $200,000; however, the exact amount will depend on the unique circumstances and limits of your case.

In Nevada, medical malpractice lawsuits require you to prove four key elements. First, you must establish that the provider owed you a duty of care, typically by showing that you were their patient. Second, it must be shown that the provider breached that duty by failing to meet the accepted medical standard of care. Third, you must prove that this breach directly caused your injury. Finally, you must demonstrate that you suffered harm—such as physical injury, financial losses, or emotional distress—as a result.

Evidence may include medical records, expert testimony, test results, and witness statements to help establish these four elements in court.

The most important document you will need when pursuing a medical malpractice case is the Medical Expert Affidavit of Merit. This document is crucial, and in most situations, the court will immediately dismiss your case without it. The Affidavit of Merit done by a medical expert is important to establish that there was a breach of the standard of care and that the breach directly caused your injury. Only a medical expert’s testimony can provide this perspective.

Medical malpractice and medical negligence are often used interchangeably, but they have different legal meanings. The key distinction lies in whether the action resulted in harm. For example, if a doctor prescribes the wrong medication, that act may be considered negligence. However, if the wrongly prescribed medication causes harm and certain legal conditions are met, it rises to malpractice. To prove malpractice, you must show that the provider breached the standard of care, that the breach directly caused the injury, and that the injury led to significant damages. If you suffered harm due to medical negligence, you may have grounds for a malpractice claim. Reach out to our law firm today and get the assistance you need.

Yes, you can file on behalf of your family member, but only under certain conditions. You can talk with our Nevada medical malpractice attorneys to find out if you qualify. The conditions include being a legal guardian or parent of a minor, holding the power of attorney, being a court-appointed guardian, or if your family member has died and you’re the personal representative or heir. In any of these cases, you will need to provide proof of your authority, the Affidavit of Merit, and any other evidence. Your lawyer will help you pull everything together.

Yes, you can. Even if you are physically recovered from your injury, it does not erase the fact that the provider was negligent and that you suffered harm. Talk to your lawyer about starting a lawsuit, but remember to keep the statute of limitations in mind. Under Nevada’s medical malpractice laws, you have one year from the date you discovered the injury and up to three years from the date of the negligent act to file. After this deadline passes, you lose the ability to sue your provider. For guidance on your specific case, reach out to our Downtown Las Vegas office to discuss your options with a skilled Benson & Bingham medical malpractice attorney.