Las Vegas Medical Malpractice

Las Vegas Medical Malpractice Lawyers

Protecting victims of medical negligence and birth injury

Injuries due to medical malpractice are always preventable. Unfortunately, these injuries are all too common in Nevada. Medicare.gov currently ranks 6 of the 14 acute care hospitals in Clark County as 1-star hospitals. When a doctor misdiagnoses a patient, prescribes the wrong medicine, or acts carelessly during surgery, patients can suffer serious or deadly injuries. In the worst cases, the injuries can be life changing.

Medical malpractice, referred to as “professional negligence” in Nevada, refers to negligence from a healthcare professional that results in injury or death to a patient. Careless and negligent medical professionals must be held responsible when they cause harm. At Claggett & Sykes, our medical malpractice attorneys can answer all of your questions.

Areas of Focus

Client Testimonial

“There really is no way to express my appreciation for this law firm. Their commitment and dedication to helping their clients is amazing. Whenever you have a question about your case, they will be there for you, every call or email with comfort and updates. I would recommend them to anyone I know; family and friends.” – Jay P.

Quick Questions

How do I prove my Las Vegas medical malpractice case?

At Claggett & Sykes, our team represents individuals and families whose lives have been changed irreparably because of acts of medical negligence. Our clients have sustained some of the most life-altering injuries there are, where a full recovery may not be possible. However, it’s important to remember that not every poor outcome is the result of medical malpractice. You must have four elements that prove these types of cases in Nevada:

  1. You must show that you and your healthcare provider had a mutual professional relationship. This is typically easy to prove if the defendant was your doctor, hospital, or healthcare provider at the time of your alleged injury. Medical professionals owe high duties of care to their patients, which requires them to meet the standard of care for the treatment they provide
  2. To be legally responsible for malpractice, an individual or entity must have breached the standard of care. A “breach” is any act of negligence, recklessness, or criminal act that went against the industry’s typical standards of care – meaning what a competent and reasonable medical professional would have done in the same situation.
  3. Proof of the defendant’s breach of duty alone is not enough to bring a lawsuit. The defendant’s breach of duty must have caused your injuries or at least significantly contributed to them.
  4. You must show that you suffered damages because of the incident. This can include your injuries, your child’s injuries, a disability, physical pain, emotional suffering, and medical bills.

These are the four main elements of a medical malpractice claim, but keep in mind that you may have a different type of legal claim if something other than human error caused your injuries. For example, if a defective fetal monitoring system caused your losses, you may not be able to sue the doctor for failing to identify fetal distress, but rather the product’s manufacturer or distributor. In this particular case, you would likely have a product liability claim.

Speak with one of our attorneys about your particular circumstances to learn about your legal options. We can help determine all liable parties.

What catastrophic injuries are caused by medical negligence?

Many injuries resulting from medical malpractice are catastrophic, meaning they are life-altering and often disabling. Depending on the type of negligence and how it happens, injuries can include things like:

  • Serious infections, leading to things like sepsis
  • Spinal cord injuries, from anesthesia complications
  • Paralysis, as a result of spinal trauma or “locked in” syndrome
  • Medication overdoses and allergic reactions, like anaphylactic shock
  • Brain injuries, from improper medication or anesthesia
  • Limb loss, from surgical carelessness
  • Cancers and other deadly conditions, caused by delayed diagnoses
  • Wrongful death, in the worst and most tragic of cases

Medical malpractice can also cause birth injuries – physical trauma to both mother and child.

How birth injury claims are different from other medical malpractice claims

If your baby or you as a mother suffer a preventable injury during pregnancy, labor, or delivery, you may have a Las Vegas birth injury claim. Although some labor and deliveries are hard and traumatic, resulting in injuries, they do not always rise to the level of a lawsuit. However, in cases of negligence, you may be able to bring a claim against the liable parties. Common birth injury claims can include brachial plexus injuries, cerebral palsy, and brain damage. Our attorneys can explain more in a consultation.

Who may be liable in a medical malpractice claim in Las Vegas?

After an injury or loss caused by medical malpractice, one or more parties may be held responsible. Depending on the circumstances, potential liable parties can include your physician, surgeon, the hospital in which you were treated, other medical facilities, nurses, other staff, pharmacies, pharmacists, obstetricians and other specialists, paramedics and EMTs, and more.

Our Las Vegas medical negligence attorneys launch a thorough investigation into your case, ensuring we identify and name each and every party that contributed to your injuries.

How long do I have to file a medical negligence claim in Las Vegas?

There is a very strict statute of limitations, or deadline, for filing medical malpractice claims in Nevada. You have three years from the date of the injury, or one year after the date of the injury’s discovery, to bring this type of claim. In most cases, the one-year deadline applies so victims of medical malpractice must move fast to bring a claim.

If your case involves brain damage or a child’s birth defects, you have until your child’s 10th birthday to file your claim. Several factors can affect this deadline. One of the knowledgeable attorneys at Claggett & Sykes can provide more information about your specific case to avoid missing your opportunity.

What types of actions can constitute medical negligence?

Contact our Las Vegas medical malpractice attorneys today to learn more about our services regarding:

Surgical errors.  Carelessness during anesthesia and surgery are very common and can include (among others) leaving a foreign object or surgical instrument inside the body, wrong site surgery, and even operations on the wrong patient. In severe cases, surgical errors can result in brain injury or paralysis.

Obstetric and gynecologic negligence. This type of injury commonly occurs during labor and delivery but also extends to prenatal care during the pregnancy. It can include failure to perform a C-section when needed, failure to treat life-threatening complications such as placental abruption or umbilical cord injuries, and failure to treat signs of hemorrhage or preeclampsia.

Oxygen deprivation. Carelessness during surgery or labor can cause severe oxygen deprivation in patients of all ages. Pediatric surgical patients in particular are at risk, as they cannot handle the same levels of anesthesia as adult patients. Permanent brain damage can set in at the four-to-six-minute mark, and can affect everything from cognitive skills to mobility.

Untreated infections. The greatest risk of an untreated infection is sepsis, a life-threatening inflammatory response. If it progresses to septic shock, the mortality rate is as high as 40 percent. Untreated infections can lead to tissue death (necrosis), which can necessitate surgery to remove the tissue. Some can be passed from mother to child in utero, which can lead to birth defects as well.

Prescription drug errors. Prescription drug errors can include prescribing the wrong medication or dosage, dispensing the wrong medication entirely, or failing to review complications from mixing drugs that are contraindicated. In some cases, these mistakes can be fatal, or lead to permanent organ damage. The kidneys, liver, lungs or heart can be permanently damaged, and patients may need transplants, or spend the rest of their lives going through treatments like dialysis.

Failure to warn. Doctors and other medical professionals are required to make you aware of the risks of a surgery or medication and make you aware of your options. This helps you decide if the benefits outweigh the risks. If doctors fail to give you the proper information and something goes wrong, you can suffer serious injuries.

The Las Vegas medical malpractice attorneys at Claggett & Sykes can determine how negligence caused your or your loved one’s injuries, and build a strong case on your behalf.

What makes medical malpractice claims different than other injury claims?

Medical malpractice cases are unlike other personal injury cases in Nevada. There are very strict laws that are heavily in favor of doctors and medical facilities. For a successful medical malpractice claim, you must follow certain Nevada laws to the letter. These laws can be intricate, and require a lawyer’s assistance.

Nevada also requires an affidavit of merit for medical malpractice claims. This is a document, signed by expert medical witness, that states a healthcare provider’s serious mistake or omission caused your injuries. The medical expert must have a career in the same or a similar field as the defendant. If a complaint is filed without an expert affidavit, the court is required to dismiss the lawsuit. We locate the necessary experts and take care of this process.

What makes medical malpractice claims different than other injury claims?

Medical malpractice cases are unlike other personal injury cases in Nevada. There are very strict laws that are heavily in favor of doctors and medical facilities. For a successful medical malpractice claim, you must follow certain Nevada laws to the letter. These laws can be intricate, and require a lawyer’s assistance.

Nevada also requires an affidavit of merit for medical malpractice claims. This is a document, signed by expert medical witness, that states a healthcare provider’s serious mistake or omission caused your injuries. The medical expert must have a career in the same or a similar field as the defendant. If a complaint is filed without an expert affidavit, the court is required to dismiss the lawsuit. We locate the necessary experts and take care of this process.

What damages can you seek in a Las Vegas medical malpractice lawsuit?

Personal injury law allows you to seek financial compensation when you suffer losses due to another party’s negligence. Our attorneys determine the full scope of your injuries, including how they are affecting you both now and in the future – including the impact on your finances, career, life, and relationships. We also take into consideration the extent of the actions of the negligent party.

We tailor our demands for damages to your unique case and unique needs, so there is never a one-size-fits-all quote for any malpractice case. In general, however, we seek to recover losses for your current and future medical expenses, lost wages and ability to work, pain and suffering, loss of relationships, and loss of enjoyment of life. In the event of the death of a loved one, we also seek funeral and burial costs. We seek the maximum compensation allowed by law in order to hit medical professionals where it hurts the most when they harm their patients – in the profit.

Do you have a medical malpractice attorney near me?

Claggett & Sykes is located on Meadows Lane in Las Vegas, at Valley View and the 95, near Springs Preserve and Meadows Mall. We can also meet with clients via phone or video call if they are unable to come to our office.

Get legal help from a Las Vegas medical malpractice attorney

If you, your child, or a loved one suffered harm at the hands of medical professionals, don’t wait any longer to consult with the injury lawyers at Claggett & Sykes Law Firm. We can investigate your claim, determine liability, and advocate for you and your family. Trust your case with us and see the difference experienced lawyers can make. Call 702-333-7777 or fill out our contact form today to set up a free consultation in our Las Vegas office.

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