Although you haven't asked, I assume you are wondering whether you have a legal claim. There is no way to tell. It all depends on the precise surgery performed, the precise medical reason you are now worse off, when it happened, and where it happened. Bad outcomes, by themselves, do no not make for a winning medical negligence lawsuit. Bad outcomes in medicine happen all the time. People die in hospitals more than anywhere else. The key is whether a physician committed a medical error, which in law is called a "violation of the standard of care." Whether this occurred in your case depends on those things I mentioned at the beginning. Call a local Nevada attorney with experience in this area. Take your medical records to her or him.Ask a similar question
I agree with Mr. Stewart's answer except the part about taking your medical records to an attorney. If you have your medical records, by all means take them to an attorney, but don't spend a lot of time trying to get them. Chances are you won't get all the relevant records anyway. If your case seems worthwhile to an attorney, the attorney will get the records.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.Ask a similar question
I agree with the previous answers and advise that the Statute of Limitations in Nevada for medical malpractice cases (such as this would be) is 1 year from the date of Discovery. Time is running and, assuming that this happened less than a year ago, will continue to run. If a lawsuit is not filed within one year of the date of discovery of the injury, your right to do so will forever be terminated.
Contact an experienced medical malpractice attorney immediately to help you with this case and locate an expert who can identify whether or not the treating doctor performed his services within the appropriate standard of care.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.Ask a similar question
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. A plaintiff must establish all four elements of the tort of negligence for a successful medical malpractice claim.
A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient.
A duty was breached: the provider failed to conform to the relevant standard care.
The breach caused an injury: The breach of duty was a proximate cause of the injury.
Damage: Without damage (losses which may be pecuniary or emotional), there is no basis for a claim, regardless of whether the medical provider was negligent. Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.Ask a similar question
Sign up to receive a 3-part series of useful information and advice about personal injury law.