My husband, in his 80s, died Nov. 2010 from a bedsore he received when he was a rehab hospital.
3 attorney answers
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
•Misdiagnosis of, or failure to diagnose , a disease or medical condition;
•Failure to provide appropriate treatment for a medical condition;
•Unreasonable delay in treating a diagnosed medical condition;
Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.
Limits on Malpractice Damages
Nevada imposes a $350,000.00 limit on noneconomic damages.
Pressure sores are often categorized based on the degree and depth of the ulcer:
“Stage 1 Pressure Sore” involve irritation to the surface of the skin
“Stage 2 Pressure Sore” involve blisters or shallow craters where the outer layers of skin die
“Stage 3 Pressure Sore” involve the deeper layers of skin and often appear as open and bleeding wounds
“Stage 4 Pressure Sore” are the most severe stage, where the pressure ulcer has gone through all layers of skin, exposing muscle and bone
Healthy individuals are able to constantly adjust their own body, preventing the skin from decaying under prolonged pressure.
However, elderly and ill individuals, who are confined to a hospital bed or nursinig home, may not be able to reposition themselves. They rely on nurses and medical staff to prevent them from being kept in the same positioon for hours on end and to closely examine the body for signs of devloping bedsores.
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I agree that no attorney can tell you what your chances of winning a lawsuit are. I can say that in Las Vegas, medical malpractice cases are very difficult, much more so without an attorney. I would be happy to hear more about the case. Feel free to call me at 702-823-3333.
No lawyer can tell you your chances of winning without knowing all the facts. Retain another law firm to pick up the case.
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