In this guide, we will list the five best medical malpractice attorneys in Las Vegas, based on reputation, and track record of securing victory for their clients.
But first, let’s quickly cover some of the basics of medical malpractice in Nevada. For instance, what is medical malpractice, what’s needed to prove medical malpractice in court, and a few other details.
Having a basic understanding of malpractice in Nevada will make it easier for both you and your attorney during the initial consultation appointment.
What is medical malpractice?
Medical malpractice happens when there’s an injury to a patient because of negligence/error on behalf of a doctor, hospital, or another healthcare provider.
The negligence could be the result of errors in diagnosis, treatment, or health management after a medical procedure.
There are specific criteria that must be met for a case to qualify as malpractice in the court of law, as we’ll discuss in the next section.
But here are some examples of negligence that might be considered medical malpractice.
- Incorrect diagnosis causing mistreatment
- Incorrect interpretation of lab reports
- Not doing the due diligence to understand symptoms
- Improper assessment of patient’s medical history
- Discharging from care too early
- Poor follow up or aftercare post surgery
Proving medical malpractice in Nevada
An error by a medical provider does not automatically qualify as medical malpractice.
Your attorney would have to prove that your doctor/hospital did not live up to the standard of care that is legally required of them. And that if you had been treated by another provider, you’d have had a better outcome.
Your claim must satisfy the following four criteria to be considered medical malpractice.
Legal duty to provide care
For example, if you were having a casual conversation with a doctor you met in the elevator, and their advice led to injury, you wouldn’t have a claim for malpractice.
Your provider must have a legal duty to provide care. So, if you made an appointment with your doctor to consult about your illness.
Violation of standard of care
Your doctor, hospital, or nurse is expected to provide a certain quality of care by law. This minimum level of treatment is known as the standard of care.
You have a legal right to expect to be treated with the minimum standard of care. If you don’t, then your provider can be determined to be in violation of standard of care.
Negligence caused injury
To be considered malpractice, it isn’t enough that your provider was negligent in your care.
The next part of the case is to demonstrate that their negligence caused injury to you. And that if your doctor had maintained a standard of care, it would have prevented the injury.
If there is no injury, there is no valid claim for malpractice, regardless of negligence.
Injury resulted in damages
The final part of the equation is to prove that your injury, which was caused by negligence, also resulted in significant damages to you.
The damages must be significant for an attorney to accept your case. The reason being, malpractice cases can be quite expensive to prove. It often requires many hours of testimony, several medical expert witnesses, all of which can add up to significant costs.
So, it only becomes worth pursuing if the damages to you are also significant. Here are some examples of what might be considered significant damages.
- Inability to earn income due to injury
- Unusual pain, suffering, and hardship
- Significant past/future medical bills
This is not an exhaustive list, but just to give you an idea. So, even if your damage type isn’t listed, your claim might still qualify.
Check with one of the Las Vegas malpractice attorneys listed below.
How long do you have to file a medical malpractice lawsuit in Nevada?
You have to file your malpractice lawsuit within three years of the date when the injury occured, or within one year of when you learned about your injury, whichever is sooner.
Let’s say, your health complication started on Jan 1, 2018, caused by negligence on behalf of your doctor. In this case, you’ll have till Jan 1, 2021 to file your malpractice claim.
But let’s assume that you recognized your injury symptoms on Jan 1, 2019, and you should have been reasonably certain that it was related to your medical procedure. In this case, you would have had to file your case by Jan 1, 2020.
What percentage do medical malpractice lawyers get?
The percentage you’d have to pay the lawyer, assuming you win a settlement or an award, usually depends on a few factors.
Around 33 percent is quite common for medical malpractice cases. But it could be more if you win the case by trial, instead of a settlement.
If you don’t win the case, then the lawyer makes nothing. This is why most malpractice attorneys are selective about the cases they accept, and they’ll do a deep evaluation of the four factors mentioned above, when deciding whether to take you on as a client.
Cost of litigation
When discussing compensation with your attorney, one thing you should make clear is how to handle the cost of litigation.
As explained before, litigation can be very expensive. The cost of obtaining medical reports from multiple sources, expert medical witnesses, and court filing fees, all fall under litigation costs.
A common arrangement might go something like this.
Your attorney pays the litigation costs up front. But they deduct it from your settlement when you receive it.
Note that your attorney’s fee is taken out as a percent of the amount remaining after they deduct the litigation costs.
To illustrate, let’s say your attorneys’ agreed upon fee is 30 percent, your award is $120,000, and the litigation costs add up to $20,000.
Your attorney would take the $20,000 out first, leaving $100,000. They would then take their share, which is $30,000, leaving you with $70,000.
But don’t worry, a good attorney would structure your settlement in such a way, that ultimately the burden of litigation costs would fall on the medical provider, not you or your attorney.
The Las Vegas malpractice lawyers listed below all have a track record of getting the best awards for their clients.
Do most medical malpractice cases settle?
According to a study conducted by the U.S. Bureau of Justice Statistics, only around seven percent of malpractice cases end up in trial.
That means, the vast majority (93 percent) are settled before they reach the trial phase.
The 5 best medical malpractice attorneys in Las Vegas
By now, hopefully you have some basic understanding of the requirements to prove a malpractice claim, and what to expect as far as attorney fees.
The next step would be to book an initial consultation with an attorney to discuss the specifics of your case to see if it makes sense to file a claim.
Here are the five of the best medical malpractice attorneys in Las Vegas.
1. Richard Harris Personal Injury Law Firm
801 S 4th St
Las Vegas, NV 89101
Free Consultation: Yes
Google Maps (Google Rating – 791 reviews – 4.6/5)
One of the highest rated personal injury law firms in Las Vegas.
The medical malpractice attorneys at the Richard Harris Personal Injury Law Firm are experts when it comes to determining whether your case might meet the criteria of malpractice.
They’re also one of the most experienced in investigating all possible paths to make sure you get what’s rightfully yours if you were indeed a victim of malpractice.
If you feel like your injury might have resulted from one of the following types of negligence, call to book a free consultation.
- You weren’t referred to the right specialist
- Your treatment was delayed
- Your medical team didn’t run the right tests
- You were misdiagnosed
- The use of bad equipment
- Wrong prescription
- Early release from care
2. Shook & Stone
710 S 4th St
Las Vegas, NV 89101
Free Consultation: Schedule free review on their website.
Google Maps (Google Rating – 409 reviews – 4.5/5)
Proven track record of helping Nevada victims of medical malpractice victims get the compensation they deserve.
Here’s what makes Shook & Stone stand out among malpractice attorneys in Nevada.
- Over 20+ years of malpractice experience so you can rest assured they know how to win cases.
- Hundreds of millions of dollars in compensation for personal injury victims.
- Over 8 years of combined experience between their attorneys, so you know whatever your case encounters, they’ve most likely seen it before.
- Team of nationally recognized lawyers
- No-fee agreement. You only pay if they (you) win.
3. Bernstein & Poisson
320 S Jones Blvd
Las Vegas, NV 89107
Free Consultation: Yes
Google Maps (Google Rating – 407 reviews – 4.5/5)
The attorneys at Bernstein & Poisson have been representing malpractice victims in the Las Vegas area for well over 30 years. They have a proven track record of protecting the rights of wrongfully injured, and their loved ones.
As explained above, it is a complicated task to prove malpractice to the point where the judge will rule in your favor.
Bernstein & Poisson have the necessary experience and expertise to uncover the evidence that can swing the case in your favor, and to help you get the maximum compensation possible.
- More than 60+ years of combined experience.
- Free case review process to understand your needs and develop the best approach to move forward.
- No-fee contingency. Only pay if you win.
- Millions of dollars in client compensation due to personal injury/malpractice.
- Not afraid to go to trial if it means a better chance for you to win a fair compensation.
4. Bertoldo, Baker, Carter & Smith
7408 W Sahara Ave
Las Vegas, NV 89117
Free Consultation: Yes (Also available in Spanish) Fill out medical malpractice questionnaire.
Google Maps (Google Rating – 141 reviews – 4.5/5)
Like the others on this list, the attorneys at Bertoldo, Baker, Carter & Smith have a proven track record of helping clients recover fair and just medical malpractice compensation.
Along with that, their clients also seem to appreciate the care and empathy with which they conduct their business.
Here are a couple of real testimonials from their clients.
“They were fast, caring, and always answered my questions and reassured me throughout the process. I highly recommend Lindsay Cullen as an attorney and the firm to represent you if you’re seeking any legal guidance.” – Jay G.
“They made everything so seamless and easy for me and were always available for questions or reassurance. This law firm clearly not only cares about what they do, but the clients they do it for. Thank you, Javier and the whole team!” – Aimee W.
5. Law Office of Steven J. Kraken
2810 W Charleston Blvd #82
Las Vegas, NV 89102
Free Consultation: Yes
Google Maps (Google Rating – 18 reviews – 4.3/5)
Over 20 years of law experience in the Las Vegas area, Steven J. Kraken is well-connected in the local courts.
He is a member of the State Bar of Nevada Lawyer Referral Information Service (LRIS). LRIS is a bar that maintains a panel of lawyers experienced in medical malpractice and wrongful death claims.
Mr. Kraken has won millions of dollars in settlements for his clients. He has the experience to handle a wide range of malpractice cases including spinal injury, the failure to do a colonoscopy, wrongful deaths, and a lot more.
Give his offices a call for a free consultation.
Malpractice cases are complex and expensive.
But if you’ve experienced significant damages due to injury as a result of medical negligence, you may stand to win a large settlement from your medical provider.
But to win, your attorney would have to build a case beyond reasonable doubt that all four aspects of malpractice (listed above) were involved.
So, you shouldn’t just go with some random attorney recommended by a coworker or neighbor. You need to work with an attorney who has a proven track record of getting payouts for their clients, and one who is highly reviewed by others.
Explore the five attorneys listed above to see which one suits you best, and give them a call to book a consultation.