Medical Malpractice arises when a doctor, caregiver or hospital falls below the level of reasonableness for the medical profession. Not all medical mistakes or poor outcomes amount to malpractice. On the other hand, horrible outcomes and mistakes give rise to malpractice actions.
Nevada Revised Statute 41A.009. “Medical malpractice” defined.
“Medical malpractice” means the failure of a physician, hospital or employee of a hospital, in rendering services, to use the reasonable care, skill or knowledge ordinarily used under similar circumstances.
Currently, Nevada’s legislature has elected to limit recovery on medical malpractice cases for non-economic damages to $350,000. This is something consumers of medical services and trial lawyers are concerned about and trying to reverse. Doctors and insurance companies oppose changing the limit arguing it is too expensive to be insured and harder to keep quality medical care in Nevada. This is disingenuous. Bad doctors cause lawsuits. Lawsuits do not cause bad doctors or bad medical care. Meanwhile consumers suffer.