There is disagreement among statisticians regarding the number of avoidable injuries and deaths each year that are the result of medical mistakes. Some sources report that medical errors are the third leading cause of death in the United States. Others say the number may actually be much higher.
Each state regulates its own malpractice statutes. The differences between state laws generally relate to award caps and the length of their filing period.
Type of claims
Some common Nevada medical malpractice claims result from surgical errors, misdiagnosis, medication prescribing errors, childbirth injuries and anesthesia errors. These errors can have repercussions that range from minor to catastrophic.
Filing period
Nevada law requires the filing of medical malpractice claims to take place within three years of the injury. While this may seem like a long time, some injuries don’t become apparent until months or even years after the incident.
Award limits
There are two categories of compensation for medical malpractice claims. Economic damages are things such as medical expenses, lost wages and the cost of rehabilitation. Non-economic damages refer to emotional distress, pain and suffering, and wrongful death. Nevada caps the non-economic damages at $350,000.
Settlement conference
The state of Nevada requires that all parties to a medical malpractice dispute attend a settlement conference. Its purpose is to try to settle the case before it goes to court.
Medical error claims increase malpractice insurance premiums. This may serve as an incentive for health care providers to maintain a high standard of care, and help reduce the number of avoidable injuries. Unfortunately, the higher premiums impact patients and contribute to the rising cost of health care.