What is Medical Malpractice? Understanding Your Rights as a Patient

Medical malpractice is a serious issue that affects thousands of patients each year. If a doctor, nurse, or healthcare provider fails to deliver the appropriate standard of care, the results can be devastating. Understanding what constitutes medical malpractice, your legal rights, and how to take action is crucial if you or a loved one has suffered due to medical negligence.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider causes harm to a patient due to negligence or errors. To have a valid medical malpractice case, the following key elements must be proven:

1. Duty of Care – The healthcare provider had a legal duty to provide competent medical care.
2. Breach of Duty – The provider failed to meet the accepted standard of care.
3. Causation – The breach of duty directly led to the patient’s injury or worsened condition.
4. Damages – The patient suffered losses, such as medical bills, pain and suffering, or lost wages.

Common Types of Medical Malpractice Cases

Medical malpractice can take many forms, including:

• Misdiagnosis or Delayed Diagnosis – Failing to diagnose a condition correctly or in a timely manner, leading to worsening health problems.
• Surgical Errors – Mistakes during surgery, such as performing the wrong procedure, leaving instruments inside a patient, or causing unnecessary complications.
• Medication Errors – Prescribing the wrong medication, incorrect dosage, or dangerous drug interactions.
• Birth Injuries – Medical negligence during labor and delivery, resulting in injuries to the baby or mother.
• Failure to Obtain Informed Consent – Performing a procedure without fully explaining the risks, benefits, and alternatives.

What Are Your Rights as a Patient?

As a patient, you have legal rights that protect you from medical negligence, including:

• The Right to Competent Medical Care – Doctors and healthcare providers must meet an acceptable standard of care.
• The Right to Informed Consent – You have the right to be fully informed about your medical treatments before agreeing to them.
• The Right to Pursue Legal Action – If you suffer harm due to medical negligence, you can file a medical malpractice lawsuit to seek compensation.

How to File a Medical Malpractice Claim in Nevada

If you suspect that you or a loved one has been a victim of medical malpractice, follow these important steps:

1. Gather Medical Records – Obtain copies of all medical documents related to your case.
2. Seek a Second Opinion – Have another medical professional assess whether malpractice occurred.
3. Consult a Medical Malpractice Lawyer – A skilled attorney can help determine if you have a case.
4. Act Quickly – In Nevada, the statute of limitations for medical malpractice claims is three years from the date of injury or one year from when the injury was discovered (whichever comes first).

If you suspect that you or a loved one has been a victim of medical malpractice, it is important to take the appropriate steps to protect your rights and seek justice. This includes gathering all relevant medical records, consulting with an experienced medical malpractice attorney, filing a lawsuit if necessary, and navigating the legal process to secure a fair settlement or verdict. By following these steps, you can hold negligent healthcare providers accountable and obtain the compensation you deserve.

Should you have any questions or need an attorney, do not hesitate to contact Win Law at 702-999-8888 for a free consultation. We have a team of legal professionals ready to assist you.

 

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