If you’ve been a victim of medical malpractice (med mal) and live in Nevada, you only have one year to file a lawsuit.
At one time the statute of limitation in Nevada for medical malpractice suits was two years. That isn’t the case today, and if you don’t file within the year, your right to file a case expires. The change from two years to one year took place in 2004. So what happens now is that the statute runs from the time the med mal is “discovered or should have been discovered.” If you have any questions about this, contact a qualified Las Vegas personal injury lawyer.
Having said that, there is an outer limit to the new Nevada law which mandates that any medical malpractice lawsuit must be filed within three years from the date it happened without regard to when it was discovered. Somewhat confusing to say the least, so you should consult with a skilled Las Vegas personal injury lawyer to find out the precise limitations that apply to your potential case.
It should be noted that for a casualty of med mal to figure out they have been a victim of a healthcare professional’s negligence and then immediately consult with a lawyer to file a lawsuit within a year is a bit of a stretch. The logistics of putting together this kind of a case are staggering and include, among other things, the necessity of finding an “expert” witness in the same field as the physician who committed malpractice. This doesn’t happen overnight as any Las Vegas personal injury lawyer will tell you.
The said expert must also provide a written affidavit for the complaint stating their opinion that malpractice did happen. This isn’t just something dashed off on a moment’s notice and involves an exhaustive search of patient medical records. Most of these records are not that easy to come by as they usually have to be rounded up from multiple medical care providers. The services of a medical “expert” don’t come cheaply either. All this takes time and with the changes in the statute of limitations, time is even more of the essence to build a solid medical malpractice lawsuit.
Thankfully more and more medical expert witnesses are starting to come forward and discuss medical malpractice. At one time it was hidden behind a wall of silence where doctors did not talk about their own. Attitudes have changed and many physicians are now of the opinion that the medical community needs to be self policed and cleaned up.
Doctors who have no business practicing medicine are being weeded out in order to protect the injured and avoid future victims. If you have been the victim of medical malpractice, immediately consult a Las Vegas personal injury lawyer to discuss your potential case. Do not delay, as time is very critical in cases like this.
Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.