Las Vegas Hospital Negligence Attorney
Compassionate Legal Support for Your Recovery
Under Nevada law, hospitals in Las Vegas must provide all patients, regardless of their insurance coverage, with care that takes all reasonably possible steps to avoid exposing patients to unnecessary harm. Unfortunately, hospital patients often don’t receive the care they need and deserve. These failures can lead to severe, often life-altering consequences that require substantial legal intervention.
If you or a loved one has been injured while under a hospital’s care, call the experienced Las Vegas medical malpractice attorney at Burris & Thomas, LLC. Attorney Burris has practiced injury law for over 45 years and has the knowledge and resources to take on even the most complex claims. Our firm is dedicated to navigating the intricate legal landscape, ensuring that culpable parties are held accountable.
Call Burris & Thomas, LLC today at (702) 529-3101 or contact us online to schedule a meeting with our hospital negligence attorney in Las Vegas!
Common Types Of Hospital Injuries in Las Vegas
A vast range of injuries can occur due to medical malpractice, but some are particularly common. In some cases, certain injuries are prevalent at the hospital in question, suggesting that there may be bad practices or other issues at that facility. Addressing these injuries requires understanding the hospital's protocols and scrutinizing their adherence to medical standards.
Our firm represents individuals who’ve suffered a wide range of accidents, including:
- Bed falls caused by forgetting to put up bed rails
- Falls caused by the failure of nurses to follow fall-risk procedures
- Medication errors (administering the wrong drug or wrong dosage amount)
- Failure to diagnose a critical condition (e.g., heart attack) by an emergency room physician
- Bedsores/decubitus ulcers
- Burn injuries from faulty or misused equipment
Understanding Damages in Hospital Negligence Cases
In hospital negligence cases, "damages" refers to the financial compensation a victim may receive for injuries resulting from medical malpractice. Recognizing the different types of damages is crucial for effectively pursuing a claim. Accurate documentation and evaluation are vital in claiming these damages effectively. Damages can generally be divided into two primary categories:
- Economic Damages: These are quantifiable financial losses directly associated with the negligence, including:
- Medical Expenses: This encompasses the costs for current and future medical treatments necessitated by the negligent act, each requiring detailed documentation.
- Lost Income: Reimbursement for income lost due to being unable to work due to the injury. This may include loss of earning capacity if the injury affects long-term career prospects.
- Rehabilitation Expenses: Costs associated with physical therapy or other forms of rehabilitation needed for recovery. These encompass all necessary treatments for regaining full function.
- Non-Economic Damages: These refer to subjective losses that are more challenging to quantify, such as:
- Pain and Suffering: This encompasses physical suffering and emotional turmoil resulting from the injury. It involves complex legal assessments to equate into monetary terms.
- Loss of Enjoyment of Life: The negative effect of the injury on your ability to engage in daily activities and hobbies that you once enjoyed. Affidavits or testimonies might be required to substantiate these claims.
- Emotional Distress: Psychological impacts, including conditions like anxiety or depression, that arise from the incident. Proper mental health evaluations can support these claims.
We are committed to helping you recognize and pursue all damages for which you may be eligible, ensuring that your claim adequately represents the full impact of your suffering. Detailed legal strategies are devised to capture the full breadth of reparation available under the law.
Your Local Hospital Injury Lawyers in Las Vegas
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
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How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
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Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
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What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
