If we didn’t trust that people will stay in their lane, we would never drive down a two lane highway. Our society is built on trust; most of our daily activities rely on it. A trip to the doctor is no different. However, when a routine surgery goes wrong or when your doctor fails to diagnose your problem until it is too late, one can’t help to feel that trust has been violated. At Ladah Law, PLLC, we are experienced with medical malpractice law. We know what to do when this happens to you. Give us a call today: 702-252-0055
When a surgery or other medical procedure leads to further complications requiring hospitalization or additional surgery, it is often difficult to find out what was the exact cause of the problem. HIPAA regulations and the reporting procedures of doctors and hospitals make it difficult for you to find out why your surgery has turned into a health crisis.
Nobody likes to file suit against their doctor, however, sometimes that is the only way to gain access to the necessary information to find out why your elective surgery made everything worse. Gathering information and records from doctors, hospitals, anesthesiologists, and other entities requires specific permission that the law can obtain in these cases.
Not all medmal claims are filed against physicians. Any health care provider can fail to uphold their duty of care to a patient and cause the patient to suffer a worsened condition. For example, a hospital’s administration can mishandle patient records, resulting in a patient receiving medication meant for another individual or a physician failing to take a patient’s health history into account when diagnosing him or her because the physician did not have the patient’s full medical record. Pharmaceutical companies can be responsible for patient suffering as well by manufacturing faulty, defective, or even dangerous drugs and products and marketing products in a misleading manner. Sometimes, more than one party’s negligence contributes to a patient’s worsened condition. In cases like this, the patient may file multiple claims, each addressing a different party’s negligence.
Determining the cause and the liable parties for medical mistakes makes it possible for you to receive just compensation for your medical complications. Our detailed legal approach means that we don’t miss the little things that created your medical disaster. The little things really matter in medical negligence & malpractice cases.
Doctors and other health care providers have the well-developed knowledge and skills to treat their patients’ needs, right? After all, medical school and other educational programs for health care providers are rigorous, requiring full dedication of their students. So how can an oversight or a blatantly incorrect action by a healthcare provider happen? There are many reasons behind cases of medical neglect, negligence or malpractice, such as:
These are explanations for why medical malpractice occurs, not excuses for it. No matter what reason is behind your injury or worsened condition, if it occurred because of an act of negligence that could have been prevented, you have the right to seek compensation for your damages through a claim. In some cases, patients die as the result of health care provider negligence. If you have lost a loved one to a preventable medical error, you can seek compensation for the damages associated with his or her death such as his or her burial expenses and medical bills, the loss of his or her economic contributions to your household, and your loss of his or her companionship.
Even though you may be reticent to seek for medical help at this point, seeking the proper medical attention to recover from your injuries should be your first priority. We can help you locate a physician that can examine your injuries and determine your best course for recovery.
We then set about gathering more data and evidence for your case. This can include photographs of the injury, recall information about the device or medication involved, and your medical record. When needed, we consult with doctors and surgeons who will review your records and testify on your behalf if necessary. They are expert witnesses, professionals whose expertise gives them the authority to speak about your case without personally having treated you. Medical negligence or malpractice suits can be very complicated but we have the resources and experience to make sure you receive the compensation you need and deserve.
Give Ladah Law Firm a call today for a free initial consultation.
An act of malpractice can have a minor impact on a patient’s life, such as prolonging his or her recovery time from the original condition, or it can have a severe impact, potentially disabling the patient for life. A few examples of complications that can stem from medical malpractice include:
No Recovery, No Fee. Call:702-252-0055
In Nevada, the statute of limitations for medical malpractice claims is three years from the date of the patient’s injury or one year from the date that he or she should reasonably have discovered the injury, whichever comes first. Basically, this means that if you have been injured or lost a loved one to an act of medical malpractice, you have a limited amount of time to file your claim and seek compensation for your damages. This is why you need to be proactive and start working with an experienced medmal lawyer as soon as you can. After corrective treatment has returned you to stable condition, contact our team at Ladah Law Firm, PLLC to set up your free consultation in our office. We will discuss your rights and all of your legal options with you and if you decide to file a medical malpractice claim, we can represent your case and advise you every step of the way as you seek compensation. Call Ladah Law Firm today.
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Calculating your damages is a complicated process that requires a little bit of guesswork. Generally, you can receive 100% of your economic losses, which includes things like:
Injured patients can also receive compensation for less tangible harms, such as:
Hold onto all medical bills and receipts, which your attorney will use to calculate your economic losses. With respect to intangible non-economic losses, your attorney will use his or her experience to estimate the amount you can receive.
Yes and no. As explained above, any compensation you receive can be broken up into two parts—economic losses and non-economic losses. Currently, Nevada law sets no limit on the amount of compensation you can receive for economic losses. If you can prove your medical care and lost wages total $1 million, then you can receive that much.
However, Nevada does have a damages cap for non-economic losses. As of 2018, the maximum amount is $350,000.
Yes. Nevada law requires that any complaint filed in court must be accompanied with an affidavit of merit. This affidavit is created by a medical expert who must certify that the allegations set out in the complaint are supported by evidence. If you do not have this affidavit, then the court must dismiss your lawsuit.
One advantage of working with an established law firm like Ladah Law is that we can find qualified experts who will complete the required paperwork. These experts can also testify at trial, if necessary.
Possibly. Your condition might have improved or worsened since you last saw a doctor, so we might request that youmeet with a doctor for an evaluation.
Sometimes, the defense might want you to undergo a medical exam with a doctor hand-picked by the insurance company. Usually, they need to get a court order before we allow our patients to undergo this examination. If we don’t think this exam is in your best interest, we can try to convince the judge not to order it.
Fortunately, Nevada’s wrongful death statute allows grieving family members to sue anyone who intentionally, recklessly, or negligently caused another person’s death. In most cases, a surviving spouse or surviving children can file the lawsuit. If your loved one had no spouse or children, then parents can file the lawsuit in court.
A wrongful death lawsuit is very similar to a malpractice case when the victim lives. The only real difference is that your loved one has died, so you stand in his or her shoes and bring the suit. You then must prove that a doctor or other medical professional made a mistake which led to your loved one’s death.
If a doctor makes a mistake, it is not outside the realm of possibility that he or she might falsify your records. As experienced medical malpractice attorneys, we can check your records for signs of tampering. As more records are electronic, we can often find out which information was added at a later date. Don’t worry—we do not assume that the records we receive are 100% accurate. Instead, we always look for signs of falsification.
There is no hard-and-fast rule. Each medical malpractice case is different, and certain defendants might be more motivated to settle than others. Having said that, a medical malpractice case often takes two to three years from start to finish. For a more precise answer based on the facts of your case, please contact our office.
Receiving a settlement from a different insurer usually does not impact how much you can receive in a medical malpractice case. This is called the “collateral source” rule. Instead, you are entitled to a full recovery from the person who injured you. Because this is a complicated area of law with some exceptions, you should meet with an experienced Nevada medical malpractice attorney if you have questions.
…Ramzy took over and he and his staff did just a wonderful job. They got me more money than I thought that I would get… I was just very pleased and would recommend them to anyone else.