Multiple Errors Call for Retrial of Clark County Medical Malpractice Case

When errors occur during the judicial process, it may allow for the plaintiff or defense in medical malpractice cases to seek an appeal. Based on such reviews, higher courts may uphold the initial ruling. Alternatively, the courts may overturn prior rulings or send cases back to lower courts for additional proceedings.

A Clark County medical malpractice case will start fresh after the Nevada Supreme Court ruled the lower court had made several errors during the trial process. Consequently, the plaintiff will have a new opportunity to file a civil lawsuit seeking compensation for injuries she alleges resulted from medical malpractice on the part of her doctor. 

If you have suffered injuries due to the negligence or wrongdoing of a healthcare professional, contact our medical malpractice attorneys to discuss your options for pursuing damages.

Understanding Medical Malpractice Claims

Medical malpractice claims refer to situations in which healthcare professionals fail to give the proper treatment to a patient and, consequently, the patient suffers injury or harm. Such cases may result from situations such as failure to diagnose or misdiagnosis, medication errors, surgical errors, and birth injuries. Through a medical malpractice lawsuit, patients can seek to recover compensation for their associated losses.

In the Clark County case that was recently sent back for a new trial, the plaintiff claimed her doctor caused perforations of her uterine wall and small intestine during what should have been a routine procedure. The plaintiff argued that the doctor continued surgery after observing the perforation in the uterine wall, neglected to diagnose the intestine perforation, and failed to tell the post-anesthesia care team or herself about the injury.

What Elements Are Needed to Prove a Medical Malpractice Claim?

Proving medical malpractice requires establishing four key elements of negligence. The elements  include:

Duty of Care: You must establish that the healthcare professional owed you a duty of care. 

Breach of Duty: You must show that the healthcare provider failed to meet the expected standard of care in his or her field, breaching his or her duty of care.

Causation: Your case should prove that you suffered injury or harm as a direct result of the breach of duty.

Damages: You must show that you suffered losses because of the breach-caused injury. For example, lost wages, additional medical expenses, or pain and suffering.

Your attorney will review these elements with you, and can help answer the question, “How do I know if I have a medical malpractice case?”

What Is the Most Common Evidence Used in Medical Malpractice Cases?

Various types of evidence serves to prove the four elements of negligence in medical malpractice cases. Medical records, documentation of damages, expert and witness testimony, and informed consent forms, among other such evidence, can help establish the criteria needed for a successful medical malpractice lawsuit.

Medical records give a detailed account of the patient’s medical history. Such documents include treatment and procedure notes, healthcare provider notes, and medical history documentation. Medical records play a substantial role in establishing the facts of the case, including the care provided and the resulting adverse health effects.

To establish damages in medical malpractice cases, it helps to have documentation of your losses. For example, records of lost wages, medical bills, and documentation of pain and suffering can help establish the extent of the damages suffered.

One of the errors cited by the supreme court in the Clark County case involved evidence relating to the plaintiff’s claimed damages. The plaintiff was not permitted to submit evidence relating to the special damages she sought to recover for the treatment costs of repairing the injuries caused during the procedure. The defense, on the other hand, was allowed to introduce evidence about insurance write-downs. In its decision, the Nevada Supreme Court cites both of these decisions by the lower court as errors in the process.

What Is the Role of Expert Testimony in a Medical Malpractice Case?

Expert witnesses often play a role in medical malpractice cases. In medical malpractice cases, other healthcare professionals are often called to provide expert testimony. They may speak to the standard of care, the actions of the defendant, and the causation of the harm suffered by the plaintiff. Testimony from such experts helps judges and juries in these cases understand the complex medical issues as they relate to the case.

What Is Informed Consent?

Informed consent refers to the process of medical providers informing patients of the benefits and risks of a procedure or treatment plan. They should also advise them of alternatives. The principle of informed consent aims to ensure patients have the necessary information to make decisions regarding their healthcare. 

Informed consent played an essential role in the lower court’s ruling in the Clark County medical malpractice case. In response to the plaintiff’s claims, the defense submitted her informed consent, arguing she was made aware of and acknowledged the risks of the procedure. The district court jury unanimously ruled in favor of the defense.

How Does Informed Consent Affect Medical Malpractice Cases in Nevada?

Informed consent may play an important role in medical malpractice cases in Nevada. Often times, it is a medical provider’s failure to obtain such consent, however. Patients may argue that their healthcare providers failed to meet the standard of care by not properly informing them of the risks of a treatment or procedure. 

The Nevada Supreme Court concluded that informed consent is not relevant evidence for an assumption-of-risk defense in a medical malpractice case. The defense argued that the patient was made aware of, and consented to, the risks of the procedure. In its decision, the supreme court determined such evidence is irrelevant to whether a medical provider adhered to the accepted standard of care.

Appealing a Medical Malpractice Case

Appealing the verdict in a medical malpractice case involves several steps. The appeal process can vary from one jurisdiction to another. However, the steps required generally include:

Reviewing the verdict. With the help of your medical malpractice lawyer, review the verdict and its reasoning. The basis for the decision will help inform the argument for an appeal.

Filing a notice of appeal. To initiate the appeal process, you will file a notice of appeal within the allowed timeframe. The notice of appeal lets the court and other parties know of your intent to appeal the verdict.

Preparing the appeal brief. After filing the notice of appeal, you will begin preparing the appeal brief. An outline of the arguments for why the verdict should get overturned, the appeal brief often includes a summary of the case, a statement regarding the issues on appeal, and the legal arguments supporting the appeal request.

Providing an oral argument. The court may schedule oral arguments. If so, each party will present their argument in person. The court will then have the opportunity to ask questions and clarify issues in the briefs.

Receiving a decision. Based on a review of the appeal briefs and any oral arguments provided, the appeal court will make a decision. It will affirm the verdict, overturn it, or send it back to the trial court for further proceedings.

Appealing to a higher court. If the plaintiff or defense is dissatisfied with a medical malpractice appeal, they may be able to file further appeals to high courts.

The Clark County medical malpractice case was pursued to the state supreme court. Based on its review of the evidence, the Nevada Supreme Court referred the case back to the lower court for a new trial.

Keep in mind that filing an appeal can affect the previous outcome, as well as how does a settlement work.

When Can You Appeal a Medical Malpractice Verdict or Ruling?

Not all unfavorable verdicts can be appealed. Higher courts do not take overturning the rulings of lower courts lightly. Therefore, you must show significant errors in a personal injury claim occurred to pursue an appeal.

Some of the most common reasons for medical malpractice appeals include:

Errors in Law

Sometimes, the court may make errors in how it interprets and applies the law. For example, in the Clark County medical malpractice case, the state supreme court found the district court had erred by not allowing the plaintiff to testify regarding the reasonableness of her medical bills. Further, the supreme court ruled it was an error for the district court to allow the defense to introduce evidence about insurance write-downs.

Misconduct

Misconduct on the part of the judge, jury, or opposing counsel may impact the case and prejudice its outcome. Examples of misconduct include jurors discussing the case with someone not involved with the trial, or opposing counsel making inflammatory statements during the closing arguments.

Prejudicial Errors

Prejudicial errors include those that affect the fairness of a trial. In the Clark County medical malpractice case, for instance, the supreme court determined that the district court was mistaken in not allowing a statement of the plaintiff’s closing argument. The court disallowed the plaintiff’s lawyer from asking the jury to send a message to the defendant. The supreme court ruled, however, that her attorney was not asking the jury to disregard evidence with the statement.If you suffered harm due to doctor errors, or you believe justice was not carried out in your medical malpractice claim, contact our healthcare negligence lawyers at Bradshaw Law.