Medical errors rank among the most devastating experiences a person can endure. When a trusted healthcare provider causes harm instead of healing, the path forward feels confusing, frightening, and uncertain.
Knowing what to do if you suspect medical malpractice can mean the difference between recovering fair compensation and losing your right to pursue a claim entirely. At Kidwell & Gallagher Injury Lawyers, our Nevada personal injury lawyers guide Nevada victims through every step of this process, and understanding your options starts here.
Prioritize your health over all things. See a different doctor or specialist immediately, especially if your condition worsens or new symptoms arise. A second opinion is vital: a new provider may find complications the original doctor missed, and the resulting independent medical records document your injuries.
Nevada law sets a strict deadline for filing a medical malpractice claim. Under NRS 41A.097, most patients have two years from the date they discover an injury, or up to three years from the date the injury occurred, whichever comes first. Miss that window, and you may lose the right to seek compensation altogether. Every appointment with a new provider creates a dated record directly supporting your claim.
Medical records are the basis of a Nevada medical malpractice case. Request complete copies from all involved providers, hospitals, labs, physicians, etc., including notes, logs, orders, and results. State that the records are for personal use, avoiding any suspicion of wrongdoing. Organize them chronologically and secure both physical and digital copies.
Alongside medical records, document the impact on your daily life. Keep a written log noting pain levels, physical limitations, missed workdays, and emotional distress. Save every medical bill, pharmacy receipt, and out-of-pocket expense. This financial trail directly supports the damages calculation in your claim.
In Nevada, medical malpractice falls under the broader category of professional negligence, meaning a healthcare provider failed to deliver the level of care a competent provider would have given under the same circumstances. To pursue a claim successfully, four things must hold:
Nevada law also requires patients to file an affidavit of merit alongside any lawsuit. Per NRS 41A.100, Nevada requires a qualified medical professional practicing in the same field as the provider in question to review the case and support the claim in writing. This requirement underscores why early legal representation matters. An experienced attorney begins securing a qualified review the moment a case opens.
Insurance adjusters for hospitals and healthcare providers contact patients quickly after a suspected incident. Their job centers on minimizing what the hospital or physician pays out. Politely decline to give recorded statements, sign any documents, or accept any early settlement offers before speaking with an attorney.
Never accept an early settlement for a Nevada medical malpractice claim; it rarely covers the full value and waives future rights, even for later complications. Do not speak to the insurer without consulting your attorney first; a careless statement could be enough for the insurance to use it in their defense.
Recovery following a medical procedure can be slow. However, if you have followed all instructions and your condition does not improve, you must be prepared to act and know what to do if you suspect medical malpractice. Acting quickly gives you the best chance of a meaningful recovery.
Kidwell & Gallagher Injury Lawyers represent Nevada victims harmed by negligent healthcare providers. Our team reviews cases thoroughly, works with qualified medical professionals, and fights to recover the compensation clients deserve for their injuries, lost income, and suffering. Call at (775) 323-2667 for a free consultation.
Craig W. Kidwell is the managing partner of Kidwell & Gallagher, Ltd., and exclusively represents injured workers in Nevada. Mr. Kidwell has been practicing workers’ compensation law in Nevada since 1999 and has acted as lead counsel on over 2,000 contested workers’ compensation claims. Mr. Kidwell represents injured workers in Nevada through all stages of Nevada’s complex worker’s compensation system. Craig regularly appears in all levels of Nevada’s administrative workers’ compensation system and has represented injured workers in Nevada’s districts and Supreme Court.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Managing Partner, Craig W. Kidwell who has more than 20 years of legal experience as a personal injury attorney.