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What action can be taken against doctors for negligence?

Henderson, NV |

I was diagnosed with fibroids over a year ago and was prescribed a hormone by my doctor. After my annual I tried to get refills and the office did not respond to calls for nearly 3 weeks. I ended up in the ER and have now been informed I need surgery. I may lose my uterus as a result of the growth and lost time.

Attorney Answers 6


  1. Its unclear if you have a malpractice case without reviewing the medical records. Get copies of all medical records and bring them to a local personal injury attorney who handles medical malpractice cases. Its a hard standard to prove, but an expert's review can be essential. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  2. Medical malpractice is a minefield as far as practice areas go. Basically, you need an independent doctor that would testify the actions taken by the previous doctor were malpractice. Clearly, that is hard to find unless the behavior was absolutely egregious. Also, under the guise of "tort reform," the medical field has been successful in limiting their liability in medical malpractice cases. Since med mal cases are extraordinarily expensive, most of them are not worth pursuing. If you think you have a case, speak with a med mal attorney. Unfortunately, I am not the right attorney for that practice area.


  3. I agree with my colleagues' comments. Medical malpractice cases are both difficult and expensive. There is a one year statute of limitations on med mal cases in Nevada so time is of the essence. You should be concerned with your physical well-being first. Start obtaining your medical records and contacting personal injury attorneys with med mal experience.

    If you would like a free consultation, call me at 702-823-3333. www.naimidilbeck.com


  4. I'm sorry to hear about this. Looks like a tough road to hoe. Call one of the above lawyers in your state to investigate whether a claim is worth pursuing.


  5. I have been retained on two case in Nevada over the last 25 years, and as the other attorneys have indicated, their malpractice laws are horrible. My two cases were in Clark County and took almost 7 years to get to trial. I would never discourage you from pursuing, but I will never take a malpractice case in Nevada again. You do have a difficult road ahead of you, but if you feel strongly, I wish you luck.


  6. You may have a viable claim under a "loss of chance" theory. That is, because of the failure to respond in a timely fashion, you lost the chance to forego uterine surgery. Whether the claim is viable depends on whether you can find expert testimony quantifying the loss of chance due to the breach in the standard of care. For more information on Nevada medical malpractice in general, please see my legal guide on this topic. I have attached the link for you below.

    This answer is provided as a public service and as a general response to a general question. For help with your specific case, please contact an attorney practicing in your jurisdiction.

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