At one time the state of Nevada had a two year statute of limitations on medical malpractice cases. This isn’t the situation now and if you feel you have been a victim of medical malpractice, get to a med mal attorney quickly and find out about filing your potential lawsuit.
Interestingly enough, the Nevada statute of limitations for filing medical malpractice lawsuits was changed in 2004 from two years to one year. This was accomplished by initiative petition and has shaken things up quite a bit when it comes to knowing when to file a med mal suit. The new one year statute of limitations runs from the time the malpractice is discovered or should have been discovered.
While this isn’t the whole shooting match, this pretty much defines the limitations of the one year rule. The outer extreme requires any malpractice suit to be filed within three years from the date of the malpractice incident, regardless of the discovery date. So while there is some “wiggle” room in terms of filing, acting quickly and expeditiously would be in your own best interest.
Med mal cases are usually long affairs and require a significant amount of prep work prior to being taken to court. With the new one year statute of limitations, this means time is of the essence to get everything pulled together and filed before the deadline. Finding an “expert” in the same area of medicine as the physician who committed a malpractice is not always easy.
Getting that same witness to write out an opinion and submit it with the initial filing of the lawsuit means they must state that a malpractice “did” occur. To do this requires an exhaustive search of all relevant medical records; a tricky proposition given that the deceased’s final days would be a whirlwind of paper and changing medical orders. Experts like this do not come cheaply and this adds a burden to the grieving family. However, those that do ultimately swear out an affidavit have taken the bull by the horns and renamed a medical error as medical malpractice.
At one time it was rare for medical experts to step forward and tell the truth the way they saw it due to a tendency to stay silent and protect their “own.” This trend has changed and there are now many concerned practitioners willing to speak up and out about medical malpractice, as required by many state codes. The time has come for doctors to do some housecleaning and keep a watchful eye on one another.
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