Henderson Medical Malpractice Lawyers

Let Our Firm Maximize Your Entitled Compensation

Are you or a loved one a victim of medical malpractice in Henderson, Nevada? The experienced legal team at Bertoldo Carter Smith & Cullen is here to help you pursue justice and the compensation you deserve. With a focus on personal injury cases, including medical malpractice, our firm has been serving the residents of Henderson and the surrounding areas for years, advocating for the rights of those who have suffered due to the negligence of medical professionals.

Call (702) 505-8115 or contact us online today to schedule a free consultation.

What is Medical Malpractice?

Medical malpractice is a legal concept that arises when a healthcare professional, including doctors, nurses, hospitals, or other medical providers, deviates from the accepted standard of care, resulting in harm or injury to a patient. It implies negligence in the medical field, where a healthcare provider's actions or inactions fall below the expected standard of care, causing harm to the patient. This can occur in various healthcare settings, including hospitals, clinics, and even during surgical procedures.

Common examples of medical malpractice cases include:

• Misdiagnosis or Delayed Diagnosis: When a healthcare provider fails to correctly diagnose a medical condition or makes a diagnosis too late, resulting in delayed treatment or unnecessary harm to the patient.
• Surgical Errors: Mistakes made during surgery, such as performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside the patient's body. Surgical errors can also include post-operative complications due to negligence.
• Medication Errors: Errors related to the prescription, dosage, or administration of medication. This can involve prescribing the wrong medication, incorrect dosages, or failing to consider potential drug interactions.
• Birth Injuries: Occur during childbirth, affecting either the baby or the mother due to medical negligence. Common examples include brachial plexus injuries, cerebral palsy, or other birth-related injuries.
• Hospital Negligence: Failures in the hospital system, such as understaffing, unsanitary conditions, or inadequate care, leading to patient harm. Hospital-acquired infections and bedsores are examples of harm that can result from hospital negligence.
• Anesthesia Errors: Errors related to the administration of anesthesia during surgical procedures. These errors can include administering too much or too little anesthesia, leading to complications or harm.
• Inadequate Informed Consent: Occurs when a patient is not adequately informed about the risks, potential complications, and alternatives of a medical procedure before giving their consent. Patients have the right to make informed decisions about their medical treatment.
• Nursing Home Abuse and Neglect: Mistreatment or negligence in nursing homes, leading to injuries, emotional distress, or even wrongful death of residents. This can include physical abuse, neglect of medical needs, or psychological abuse.
• Dental Malpractice: Negligence in dental care, such as botched dental procedures, failure to diagnose oral conditions, or causing injury during dental work.
• Radiology and Diagnostic Errors: Mistakes in interpreting medical imaging, such as X-rays, MRIs, or CT scans, leading to misdiagnoses or delayed treatment.
• Failure to Monitor: Negligence in monitoring a patient's condition during treatment or post-operative care, resulting in preventable complications or harm.
• Emergency Room Errors: Errors made in emergency rooms, including misdiagnosis, treatment delays, or improper triage, which can result in serious harm or death.
• Psychiatric Malpractice: Negligence in the field of mental health, such as improper diagnosis, inappropriate treatment, or failure to prevent self-harm or harm to others.

How to Prove Medical Malpractice in Nevada

To succeed in a medical malpractice lawsuit in Nevada, you typically need to prove several key elements, as is the case in many other jurisdictions. These elements are essential for demonstrating that a healthcare provider's negligence led to your injuries or harm.

Here are the common elements you must prove in a medical malpractice case in Nevada:

1. Duty of Care: The first element to establish is that the healthcare provider owed you a duty of care. In other words, you need to show that a doctor-patient relationship existed. This element is usually straightforward, as it's evident when you sought medical treatment from the provider.
2. Breach of Standard of Care: The core of a medical malpractice claim is demonstrating that the healthcare provider breached the standard of care. This means showing that the provider's actions or inactions did not meet the accepted medical standards for the situation. In Nevada, the standard of care is typically defined by expert testimony from medical professionals in the same field as the defendant.
3. Causation: You must establish a direct link between the healthcare provider's breach of the standard of care and the harm or injury you suffered. You need to prove that the provider's negligence was a substantial factor in causing your harm.
4. Injury or Harm: To have a valid medical malpractice claim, you must have sustained measurable injuries or harm as a result of the provider's negligence. It's not enough to demonstrate that a mistake was made; you must show that this mistake led to specific damages, such as physical pain, emotional distress, or financial losses.
5. Damages: You need to quantify the damages you suffered. This can include medical expenses, lost wages, pain and suffering, disability, and other economic and non-economic losses related to your injuries. Proper documentation of these damages is crucial in pursuing a medical malpractice claim.

Why Choose Bertoldo Carter Smith & Cullen?

In choosing us for your legal representation, you choose a team that is committed to fighting aggressively for your rights. We take pride in our track record of successful outcomes and satisfied clients. With our deep knowledge and experience in this complex field, we are ready to handle any case – no matter how complex.

If you believe that you have been the victim of medical negligence in Henderson, don’t hesitate - contact us today at (702) 505-8115! We offer free initial consultations where we review your case thoroughly and provide honest, professional advice about your best course of action.