Nevada patients who were injured or misdiagnosed by their doctor have two years to file a formal claim. These claims must provide conclusive evidence that shows the nature of the injury as well as how it happened. In these proceedings, medical testimony is needed to define the probability of the injury occurring under different circumstances.
Identifying a Medical Malpractice
An error or injury that wasn’t included in the probable risks of a procedure or surgery is an example of a medical malpractice. When surgery is the cause for the injury, the attorney must present a case that shows that the injury isn’t a potential complication or side effect. They must show that none of the documentation for the procedure identifies this condition as a probability.
When a Misdiagnosis Occurs
To identify a misdiagnosis, the patient must acquire a second opinion. This second evaluation should identify a medical condition at a later stage than when the misdiagnosis occurred. The claim may also explain that the original physician prescribed the wrong medication. It could show that if the patient received the correct medication or treatment, the disease might have been eliminated.
Intent, Malice, or Personal Agenda
The initial phase of the claim requires the attorney to prove that a doctor-patient relationship existed. However, in cases in which the doctor injured the patient intentionally, as an act of malice, or due to a personal agenda, a more personal relationship or connection may exist.
When this is the case, further investigation is needed. If a romantic relationship is discovered, a more detrimental motive may be revealed. If the patient could have died if they didn’t seek medical attention beyond the original physician under these circumstances, criminal charges could apply. However, the court would have to identify intent clearly.
Medical malpractice encompasses several probabilities that could lead to patient injuries. In these cases, a doctor of the same skill level as the original doctor must testify. This testimony is needed to support the allegations in the victim’s claim. They must show through scientific testing that the alleged actions of the doctor are the only way the injuries could have occurred. To learn more about these cases.
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