Las Vegas Personal Injury Lawyer Zachary D. Clayton Describes Medical Malpractice Lawsuits
As patients, we place a great deal of trust in our healthcare providers. Patients allow their healthcare providers to view their medical history, they discuss current and ongoing physical ailments and perform procedures that often require them to put their life in the hands of the physician. When medical malpractice occurs and a patient is left seriously harmed, it is also a violation of this sacred trust.
This is why Nevada hospitals, health care providers, and medical professionals are held to high ethical and legal standards. There is a reasonable expectation that they will provide a safe and healthy environment for all patients.
When injuries or illnesses occur as a result of a physician or medical personnel negligence or malpractice, victims have the right to file a medical malpractice claim to pursue financial restitution for their harms and losses.
A large potential for risk in the medical field causes many professionals and companies to maintain large resources and liability insurance policies in order to attempt to deflect accusations of negligence and prevent over-compensating victims.
Medical Errors Resulting in Serious Harm is a Common Occurrence
Each year, close to 250,000 people lose their lives as a result of preventable medical errors in the United States. If that was not bad enough, many more suffer injuries or illnesses that could have been avoided through due care.
If you or a loved one were the victims of medical malpractice, you need legal representation, which is why you should contact LV Personal Injury Lawyers to schedule a free, confidential consultation.
Be Prepared to Fight For Your Financial Restitution
It is important to understand that obtaining financial restitution for your harms and losses stemming from medical malpractice is going to be an uphill battle. This is because many malpractice liability insurance companies do not offer reasonable settlements and take these types of cases to trial.
This is why you need experienced and skilled trial attorneys who are not afraid to walk into a courtroom and fight for you. LV Personal Injury Lawyers can help. Zachary D. Clayton, Esq. provides a skilled and effective legal representation to all of his clients.
Medical Malpractice Stemming from a Surgical Error
Undergoing surgery involves many risks, which is why patients sign informed consent forms before surgery.
It is important to recognize, however, that signing a consent form does not give surgeons permission to perform acts of negligence, nor does it give surgeons the legal right to perform unnecessary procedures.
Surgical errors can be catastrophic and require additional surgery to repair the damage caused by the errors. In some cases, surgical errors can lead to death. Examples of surgical errors that may create a basis for a malpractice claim include:
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- “Nicking” a nerve, internal organ or artery during surgery
- Perforating the bowel, allowing waste to enter the abdominal cavity
- Instruments and sponges left behind
- Performance of surgery on the wrong body part
- Anesthesia injuries and errors
LV Personal Injury Lawyers are detail-oriented, using their years of experience and medical knowledge to create legal strategies tailored to the specific facts of each client’s case. Our approach puts each client in the best possible position for a successful outcome.
Medical Malpractice Stemming from Anesthesia Errors
Anesthesiologists are physicians who have extensive additional training in the administration of anesthetics and the management of pain. Anesthesia errors can result in serious injuries that cause long-term catastrophic health consequences or even death. If you or a loved one has been the victim of an anesthesia error, a medical malpractice attorney may be able to help you receive financial compensation for your pain and suffering, lost income and future medical expenses.
LV Personal Injury Lawyers critically assess possible anesthesia errors. We evaluate whether the patient who was injured was an appropriate candidate for the particular technique that was chosen and whether the anesthesiologist followed up after the surgery with a post-anesthetic assessment.
Ensuring that patients receive appropriate pain control after surgery is the responsibility of the entire health care team. We are dedicated to helping victims of medical malpractice receive fair compensation. Preventable anesthesia errors can result in injuries, including:
- Cardiac arrest
- Damage to the spinal cord or nerves
- Spinal hematoma or abscess
- Pulmonary edema
- Anoxic brain damage
- Pulmonary aspiration of gastric contents
Medical Malpractice Stemming from a Birth Injury
Injuries to a mother or infant during birth can change what should be a joyous occasion into one of worry and pain. If you believe the injury to yourself or your loved one was the fault of a doctor or other health care provider, an experienced Vegas attorney may be able to help you receive fair compensation for your medical expenses as well as pain and suffering. Examples of birth injuries that may occur as a result of medical malpractice include:
- Uterine ruptures
- Prolapsed umbilical cord
- Brachial plexus injuries
- Cerebral palsy
- Erb’s palsy
- Delivery errors such as shoulder dystocia
LV Personal Injury Lawyers will work tirelessly on behalf of an injured mother and/or child. We understand and appreciate the significant emotional and psychological trauma associated with a birth injury.
Another basis for a medical malpractice claim is a preventable error committed by a nurse. Many errors made by nursing staff are due to miscommunication or understaffing. Some ways in which nurses make mistakes or fail to follow proper procedures include:
- Prescription errors
- Failure to recognize changes in blood pressure or heart rate
- Failure to recognize signs of infection
- Pain medication errors and overdose
Many individuals seek medical treatment for pain, and doctors often prescribe strong painkillers because they cannot find or otherwise treat the source of the individual’s pain. Prescription pain medications are sometimes addictive, and while doctors and other health care providers caution taking the medication only as prescribed, they do not always supervise usage carefully. Overdose and addiction occur all too often and can lead to catastrophic injury, addiction, and death.
Overdosing on pain medication does not necessarily mean that an individual took more pills than recommended. Pain medications may interact with other medications that an individual is taking. Without careful monitoring by a medical professional, overdose may occur even when taking the dose prescribed by a doctor or other health care provider.
The skilled Las Vegas medical malpractice attorneys with LV Personal Injury Lawyers believe that doctors and other health care providers should be held accountable for pain medication overdose and addiction. If you or a loved one has overdosed or is currently addicted to pain medication prescribed by a doctor, we may be able to help you get the financial compensation you need to be properly treated. We represent individuals who overdosed from or are addicted to pain medications prescribed by medical professionals, including:
- Duragesic, Fentanyl, and other narcotic pain patches
- Hydrocodone, including Vicodin, Lortab, and Norco
- Oxycodone, including Percocet, Percodan, and OxyContin
Types of Damages You Can Pursue Through a Medical Malpractice Claim
The types of financial restitution our team of attorneys will seek on your behalf typically include the immediate and long-term costs associated with your medical care and treatment, along with reimbursement for your lost income. Once we understand what the short- and long-term physical and emotional needs are, we can design an aggressive and unique approach to holding the negligent medical professional responsible for their reckless actions, or inactions.
When crafting a demand letter that is sent to the insurance carrier for the medical professional, we will include a listing of your harms and losses and a proposed amount of financial restitution aimed at making you whole. The forms of financial restitution that will be sought to compensate you for your harms and losses include:
- Reimbursement for the costs of your medical care, including current and future medical bills, prescription medication, and rehabilitation costs
- Reimbursement for your lost wages, including current and future lost income that results from the injuries
- Compensation for lost earning capacity, when the injuries keep our clients from returning to their previous employment position
- Compensation for any necessary long-term care or in-home care
- Pain and suffering, including physical and emotional stress
Proving Medical Malpractice in Nevada
When injuries or illnesses are suffered in the course of medical procedures, treatment, therapy, or any other medical practices, it is important to understand that the burden falls on you, the injured patient, to prove that negligence occurred and that negligence proximately caused your harms and losses. This entails drafting a legal complaint that establishes the negligent actions, or inactions committed by the medical professional.
The legal elements that must be addressed during this process include the following:
- The legal duty of a health care provider to the care or treatment of a patient
- Whether the provider or medical professional failed to provide acceptable standards of care
- Whether the injury occurred as a direct result of failure or negligence
- Physical, emotional, and/or monetary damages were incurred
Compiling the essential elements of a medical malpractice claim requires highly technical knowledge of personal injury law, liability laws, and the ways health care providers are legally obligated to uphold or comply with certain standards, regulations, or requirements.
When medical malpractice results in catastrophic injuries, birth injuries, or wrongful death, cases can quickly become complicated. This is why you should retain the services of the Las Vegas medical malpractice lawyers. No matter the nature of your case, our qualified legal team can assess your situation and determine if you are eligible to pursue financial restitution.
What Is the Cost of Hiring a Medical Malpractice Attorney in Las Vegas?
You don’t have to prepay a medical malpractice lawyer in Las Vegas to retain their services. The reason for this is, for the most part, a respected and skilled lawyer prefers to work on the basis of contingency fees. This kind of legal arrangement lets an injured individual hire an attorney without the need to cover legal expenses upfront.
As part of the arrangement for contingency fees, an attorney’s expenses will be subtracted from either your case’s final settlement or your trial’s final verdict. Further, many personal injury attorneys in Las Vegas will also subtract the costs that they fronted. The specific percentage of the contingency fee will differ as per the kind of case and how long it takes to resolve it.
Why a Medical Malpractice Lawyer in Las Vegas Is Necessary
There are a variety of benefits that come with retaining the services of an injury attorney. For starters, employing an experienced malpractice lawyer lets you concentrate on recovering. As such, you needn’t stress and worry about insurance company negotiations.
From there, when the services of a personal injury attorney are retained, a staff of respected, dedicated, and ethical lawyers will represent you. Each of them has roots in the community of Clark County. You also have a staff of legal assistants, skilled investigators, and paralegals working around the clock to ensure that your lawsuit receives the recognition it deserves.
Whether we are performing insurance adjuster negotiations, conducting interviews with witnesses, or evaluating medical evidence, we strive to get clients the monetary compensation they are entitled to, when they need it.
Don’t Waste a Single Second – Get in Touch with LV Personal Injury Lawyers
Take the necessary actions to hold negligent professionals accountable. Get in touch with our medical malpractice lawyers in Nevada. We do not charge hourly fees.
If you have sustained serious injuries or your body has experienced damages because of another person’s negligence, our knowledgeable and skilled legal experts will develop an arrangement for contingency fees. Our staff of experienced lawyers will take the time they need to get you the monetary restitution you are entitled to.
To book a confidential lawsuit assessment with a lawyer at LV Personal Injury Lawyers for free, contact us either by phone or online.