


Do You Need to Hire a Medical MalpracticeiLawyer in Reno?
Call Today. No Fee Unless We Win.
(775) 789-4944
What Is Medical Malpractice?
Examples of Medical Malpractice
Failure to Diagnose
Unnecessary Surgery
Wrong Site Surgery
Emergency room errors
Anesthesia errors
Surgical errors
Misdiagnosis
Delayed diagnosis
Premature Discharge
Inadequate Followup or Aftercare
In most Nevada medical malpractice cases, negligence must be proven for a claim to be successful. Sometimes, however, negligence is presumed. Examples include:
Cases involving a foreign object that was left inside your body after surgery
A substance used in your medical treatment caused an explosion or fire
Heat, radiation, or chemicals caused an unintended burn
A part of your body was injured other than the part the doctor was treating
Wrong site or wrong patient surgery
Where Does Medical
Malpractice Occur?
250,000 +
Patients lose their lives to negligence
every year
- 9Doctor Offices
- 9Medical Clinics
- 9Urgent Care Clinics
- 9Surgical Centers
- 9Birthing Centers
- 9Psychological Treatment Centers
- 9Urgent Care Clinics
- 9Nursing Homes
- 9Pharmacies
Find Out Who May Be Liable in Your Medical Malpractice Case. Call: (775) 789-4944
Who Can Be Held Liable for Medical Malpractice?
Any medical professional who deviates from the standard of care and causes harm to a patient can be held liable for medical malpractice. This could be your family doctor, an attending physician in the hospital, a radiologist, the person who processes or interprets your medical test results, your nurse or midwife, or even your pharmacist. To determine whether a negligent party can be held liable for medical malpractice, your medical malpractice lawyer must establish which parties owed you a duty of care and who played a role in causing your injuries.
In medical malpractice cases in Reno, it is not uncommon for multiple parties to be held liable for injuries. In some cases, medical facilities and healthcare agencies can be held liable for the negligent acts committed by their employees as well. Since physicians are usually not employed by the facilities in which they work, hospitals are not generally responsible for the negligent acts or omissions committed by the doctors who work there. There are exceptions to the rule, however.
If any of the following circumstances apply to your case, we may be able to help you file a lawsuit against the hospital and doctor simultaneously.
Negligent credentialing:
Ostensible agency:
Negligence
Additionally, if a doctor was contracted with an outside agency (like a medical group) to provide services at the hospital, the agency may be able to
be held liable for the physician’s negligence.
What Damages Are Available in Reno Medical Malpractice Cases?
The damages that are available to medical malpractice victims in Reno depend on various factors. These include, but are not limited to:
- 9The severity of your injuries or illness
- 9What caused you harm
- 9Who played a role in causing your injuries
Economic Damages in Nevada Medical Malpractice Cases
- 9Current and future medical bills
- 9Prescription costs
- 9Medical equipment expenses
- 9Lost wages
- 9Lost earning capacity
- 9Lost benefits
- 9Modifications to your home or vehicle

Non-Economic Damages in Medical Malpractice Cases
- 9Physical pain and suffering
- 9Loss of consortium
- 9Emotional trauma
- 9Loss of companionship
- 9Loss of enjoyment of life
Punitive Damages in Medical Negligence Cases
Performing surgery while intoxicated
How Nevada’s Statute of Limitations Applies to Your Medical Malpractice Case
How to File a Medical Malpractice Claim in Reno
In Nevada, various procedural rules, referred to as “tort reform,” have been put in place to curb the filing of meritless, or even frivolous, medical malpractice lawsuits. When these rules are not followed, a medical malpractice case can be dismissed by the court.
The Affidavit of Merit Requirement for Nevada Medical Malpractice Lawsuits
When you file a medical malpractice case in a Nevada court, your claim must include an “affidavit of merit.” Without an accompanying affidavit that complies with Nevada law, the court may dismiss your case “without prejudice.” This gives you the opportunity to re-file your case after you have obtained the affidavit.
To meet the requirements, the affidavit must be submitted by a qualified medical expert who:
- 9Supports your allegations stated in your complaint
- 9Identifies each medical professional or facility that allegedly committed medical negligence
- 9Describes in simple, concise, and direct terms, the negligent acts or omissions
Nevada also sets stringent rules about the qualifications required of the medical expert who submits the affidavit of merit in your case. In a Nevada medical malpractice lawsuit, the medical expert must be one who practices, or has previously practiced medicine in an area of practice that is substantially similar to the area described in your lawsuit. A dentist, for example, would not be an ideal medical expert in a medical malpractice case involving birth injuries like neonatal sepsis.
These same qualifications apply to medical experts giving testimony in court to prove that the negligent healthcare provider deviated from the accepted standard of care when your injuries occurred.
Under Nevada law, all parties to a medical malpractice or dental malpractice action, the parties’ attorneys, and the respective insurers are required to attend and participate in a settlement conference. The settlement conference must be held before a district judge other than the judge who is assigned to the case. Its purpose is to determine whether the case can be settled before proceeding to trial.
Although the judge may waive the appearance of any party for good cause, the failure of any party to attend the conference without a waiver is grounds for sanctions, including monetary sanctions.
At the conference, the judge decides the value of the claim. If the defendant rejects the judge’s settlement suggestion, and you are ultimately awarded a larger amount, the defendant will be responsible for paying your costs and attorney fees. If you reject the suggested settlement amount, however, and you are awarded a smaller amount, you could be responsible for paying the defendant’s costs.
You may benefit from the settlement conference requirement because it can eliminate the months-long wait for a trial date, providing a speedier resolution to your case. If a settlement agreement cannot be reached, however, your case will proceed to trial.

Duty of Care
For a viable medical malpractice case to exist, your attorney must establish that the defendant owed you a duty to provide treatment with the reasonable care, knowledge, and skill expected, based on the accepted standards of care.
Breach of Duty
Causation
Damages
Types of Cases Medical Malpractice Lawyer Stephen Osborne Handles
Medical malpractice lawyer Stephen Osborne handles all types of malpractice cases. Whether you suffered temporary injuries, catastrophic injuries, or your loved one died because of medical malpractice, our law firm will provide personalized attention to your case.

Call Now to Find Out if You Have a Medical Malpractice Case.
Emergency Room Errors
Surgical Errors
Medical Malpractice in Nursing Homes
Approximately 1 in 6 patients in hospitals in the United States are victims of some type of medical malpractice. Unfortunately, only about 3% of victims take legal action by filing a medical malpractice claim or lawsuit. As a result, many negligent medical care providers are never held accountable for the harm they cause. They go on to make the same, or similar, mistakes when treating other patients. And hundreds of thousands of injured patients are forced to shoulder the emotional, physical, and financial consequences of medical mistakes.
Filing a medical malpractice claim or lawsuit can:
Ensure medical professionals are held to the standards expected of similarly qualified healthcare providers in their field
Hold healthcare professionals accountable for their reckless acts or omissions
Prevent additional patients from suffering the same fate
Provide financial relief to you and your family members
No Fee Unless We Win. Call: (775)789-4944
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~ Don Buttacavole
FAQs About Medical Malpractice
Lawsuits in Reno
Can I Sue an ER Doctor for Medical Malpractice?
You can file a lawsuit against an emergency room doctor for medical malpractice if the physician deviates from the accepted standards of care, and you are injured as a result. If the ER doctor was an employee of the hospital where the injury occurred, the facility may be liable for your losses as well.
How Much Does it Cost to Hire a Medical Malpractice Lawyer in Reno?
Most medical malpractice lawyers in Reno accept cases on a contingency fee basis. Under this model, the attorney will file the claim, negotiate with the other side, gather and evaluate evidence, and front reasonable litigation costs. There are usually no up-front costs to you, and the attorney’s fees and advanced costs are reimbursed when your case is resolved.
Can I Sue If I Got an Infection While I was in the Hospital?
If you contracted an infection while you were a patient in the hospital, you may be able to file a medical malpractice lawsuit to recover compensation. For your claim to be successful, you must be able to prove that your medical provider’s negligence caused the infection. If surgical instruments were not properly sterilized, your urinary catheter was not cleaned properly, or your surgical dressings were not changed like they should have been, for example, you may have a case.
What Type of Injury Lawyer Do You Need?
