Usually, three years after the injury is the statute of limitations (SOL) to bring a medical malpractice claim. Whichever happens sooner, for a medical malpractice claim, the Nevada statute of limitations is 3 years from the date the medical provider caused the injury, or one year after the patient discovered or should have discovered the injury. It will be too late to file suit if a patient does not become aware of the injury until after three years have passed. With this in mind, we at Kajioka & Associates, Attorneys at Law would like to further discuss the subject.
What is a Tolling Agreement Statute of Limitations?
For as long as the doctor. or other health care provider, knowingly conceals their malpractice which caused the injury, the three-year SOL pauses. Because of the provider’s own concealment, tolling of the SOL is only fair as long as the victim is unable to discover the provider’s mistakes.
Circumstances if a Child is the Victim
The same three-year statute of limitations as adult victims is subjected to the child’s parents or guardians; with 2 exceptions.
1) The SOL is until the child is 10 years old if the injury involves brain damage or a birth defect.
2) The time limit to sue is two (2) years after the child discovers the injury if the injury caused the child sterility.
What Qualifies as Medical Malpractice
Medical malpractice is called professional negligence in Nevada which is “The failure of a provider of health care, to use the reasonable care, skill or knowledge used under similar circumstances by similarly trained and experienced providers.” Plaintiffs must prove the following 5 elements listed below by a preponderance of the evidence to win a medical malpractice claim.
– The plaintiff was owed a duty to exercise due care by the defendant, medical professional.
– The duty to use such skill, prudence, diligence, and a standard of care as other members of the profession commonly possess, and exercise was heightened by the defendant.
– This duty of care was breached by defendant.
– This the plaintiff was injured by this breach
– The injury resulted in damages.
The defendant’s breach caused the plaintiff’s injury is the hardest element to prove. In the same or similar field as the defendant, plaintiffs usually have to submit an affidavit of a medical expert. The injury resulted from the defendant’s negligence and was not a natural result of the victim’s prior maladies must be declared on the affiant.
Common Types of Medical Malpractice
– During surgery, a wrongful death occurred
– When necessary there was failure to refer the patient to a specialist
– The right medicine or dosage was failed to be given
– For a medical procedure there was failure to get informed consent from the patient
– For a disease or complications, there was failure to diagnose or provide medical treatment
Compensation for Plaintiff
There is no limit to the amount the plaintiffs can recover which includes compensation for medical bills, lost wages from being too injured to work, and loss of future earnings from being too injured.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
Even if you signed a liability waiver, you still might have options. When it comes to medical malpractice suit, call Kajioka & Associates, Attorneys at Law, to make a consultation appointment.
