You have probably heard the terms “personal injury” and “medical malpractice” from injury lawyers in Las Vegas. Although medical malpractice is a type of personal injury, it has different legal standards than an injury sustained in a car, at the workplace or your neighbor’s home. Medical malpractice is much more complicated than other types of personal injury as these facts explain.
What is Personal Injury?
Personal injury falls under what is known in the law as a tort claim. This means that there are two issues that must be established. You must prove that the defendant is liable and precisely what the damages are that they caused. Under the tort system, it is your duty as a plaintiff to prove both liability and damages. Besides, you must show that your injury occurred due to negligence as everyone must protect others from injury. If they do something that they know could cause harm, they can be held liable. The best personal injury lawyer Las Vegas residents trust can help you show that the person who caused your injury was negligent or that a product was defective and that the manufacturer was aware of that defect.
What is Medical Malpractice?
Although medical malpractice is a type of personal injury claim, the methods for proving the claim are slightly different, according to the best personal injury lawyer Las Vegas. Medical malpractice occurs when a healthcare provider does not follow the recognized standard of care when treating a patient. The standard of care is what a healthcare provider is expected to do while caring for you as well as what they should not do during your treatment. This is similar to proving negligence in a car accident, slip and fall, or other accident that leads to injury. What can be challenging to prove in medical malpractice is what the healthcare provider did to cause the damage. Merely having a negative outcome to treatment does not mean the healthcare provider did anything wrong.
What Should You Do If You Believe You Have a Case?
If you think you have been injured due to a healthcare provider’s action or inaction, you need to contact injury lawyers in Las Vegas. An attorney will review your case to determine if there has been a breach of a recognized standard of care. They will review your medical records, interview family members and friends as well as the healthcare provider who you believe made the error. In Nevada, you must file a medical malpractice claim within one year after the injury is discovered through the use of reasonable diligence should have known the damage occurred. The only exception to the statute of limitations is if you can prove that the healthcare provider concealed information that through the use of reasonable diligence should have been known to you.
If you believe you have been injured because a healthcare provider did not use a recognized standard of care, contact the best personal injury lawyer Las Vegas at The Schnitzer Law Firm. You can arrange for a no-obligation consultation by calling 702-960-4050, emailing [email protected] or by filling out the secure online query form.