Understanding the standard of care in Nevada
When a medical provider causes harm, a patient may wonder whether a mistake during care made a difference. Medical records and the circumstances facing the provider help answer that question.
What is Medical Malpractice?
The term medical malpractice can apply to errors in diagnosis, treatment or aftercare. In Nevada, a health care provider’s failure to meet the applicable standard is called professional negligence.
Examples worth investigating include the following situations.
- Failing to order diagnostic tests
- Leaving instruments in the patient during surgery
- Operating on the wrong body part
- Failing to review a patient’s medical history
- Interpreting lab reports incorrectly
- Surgical errors
- Misdiagnosing or failing to diagnose a patient
- Performing unnecessary surgical procedures
- Birth injuries and fatalities
- Medication errors and mistakes
- Failing to monitor a patient or premature discharge of a patient
A tragic outcome or an unforeseen complication may not rise to the level of medical malpractice. A negative outcome is not necessarily “proof” of medical malpractice.
Proving professional negligence in Nevada
The elements commonly examined include the following.
- The physician owed the patient a duty of care
- The physician breached the duty of care by providing an improper standard of care
- The physician’s negligent conduct caused your injuries
- You sustained damages
How is the Standard of Care Determined in Your Case?
Under NRS 41A.015, the comparison is to the reasonable care, skill or knowledge ordinarily used by providers with similar training and experience in similar circumstances. A bad result alone does not establish a departure from that standard.
Medical experts can explain what a similarly trained provider would ordinarily have done with the information available at the time. Nevada has specific rules about supporting an action with an expert affidavit and limited exceptions concerning how negligence may be shown. See NRS 41A.071 and 41A.100.
Medical Malpractice Cases Are Complex and Challenging to Pursue
The circumstances of your case greatly influence the acceptable standard of care.
The following factors could also impact your case:
- Lack of informed consent
- The unauthorized practice of medicine
- The statute of limitations for medical malpractice claims
- The parties involved in the case
It takes time to investigate a claim, gather evidence and consult appropriate experts. If you have concerns, keep copies of your records and a timeline of treatment. A Nevada attorney can explain the requirements and deadlines that apply in your circumstances.
