Being the victim of medical malpractice can have harmful and long-lasting effects. Due to the complex nature of medical malpractice lawsuits, it is important to contact the attorneys at Eric Blank Injury Attorneys as soon as you suspect that you may have a case. Before you can file a medical malpractice lawsuit, it is important to familiarize yourself with the local laws such as the statute of limitations, required documents, and the damage caps set for medical malpractice cases.
Before you file
It is important to compile the necessary documents that you will need for a medical malpractice lawsuit. You will need:
- Medical records
- Medical bills
- Insurance and Medicare/Medicaid correspondence
- Death certificate and autopsy report
- Correspondence with adverse doctor or insurer
- Receipts for related out-of-pocket expenses
- Pay stubs or tax returns to show income loss
- Photographs of the injured person before and after the incident
If you cannot compile all of these on your own, your attorney can also request these documents on your behalf.
Statute of Limitations
Nevada’s statute of limitations for medical malpractice lawsuits is set at three years. The law reads, “an action for injury or death against a provider of health care may not be commenced more than 3 years after the date of injury or 1 year after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs first.”
Failure to abide by the statute of limitations may result in the case being dismissed.
Affidavit of Merit
In addition to filing a lawsuit within the allotted time frame, the lawsuit must be filed with an accompanying Affidavit of Merit. An Affidavit of Merit must satisfy the following four requirements. The affidavit must:
- Support the allegations contained in the action;
- Be submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;
- Identify by name, or describes by conduct, each provider of health care who is alleged to be negligent; and
- Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.
Finally, it is important to note that Nevada has set a Damages Cap of $350,000. This is the maximum amount that a plaintiff may receive from each defendant in a medical malpractice case for non-economic damages.