No one expects to be injured in a hospital. Yet up to 1 million people fall in a hospital every year and a significant percentage result in injuries. Falls occur in hospitals for many reasons. A patient’s age, medical condition, or reaction to medication may increase the likelihood of a fall.
But in many cases, a medical provider’s carelessness resulted in your injuries. Does that mean you have a claim for medical malpractice? Not necessarily. You need to have the right answer because it determines the process in how you recover.
Medical Malpractice Defined
Medical malpractice is the failure of a medical provider, while rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances by similarly trained and experienced medical providers.
Nevada medical malpractice cases face rigorous requirements and limitations:
- You must obtain a statement from a similar medical provider supporting your claim
- You must file your claim one year after you discover your injury
- Your pain and suffering damages are capped at $350,000
What About Personal Injury?
Ordinary negligence is the failure to use ordinary care by a reasonable person. With just a first glance, ordinary negligence appears easier to prove in Nevada than medical malpractice.
Ordinary negligence is a personal injury claim. You do not need a supporting statement for a personal injury claim. You have two years after the accident to file your claim and you do not face a limit on pain and suffering damages. Therefore, pursuing a claim for personal injury is also preferable to a claim for medical malpractice.
What Determines My Injury Claim?
Your injury is not medical malpractice merely because it occurred in a medical facility. Medical malpractice injuries result from medical diagnosis, judgment, or treatment. Important facts to consider include:
- The specific location of your fall in the hospital
- Whether a medical provider was with you
- The reason you were present in that location
We Can Give You Answers
There isn’t an easy formula to determine what kind of claim you have. But the personal injury professionals at Sam & Ash, LLP are dedicated to providing you with answers. We are available to discuss your case 24/7 at 1 (800) 304-2000. Even if we can’t take your case, we can help you in the right direction. It’s What’s Right.