What are the laws in Nevada on going after hospital for lack of proper treatment
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What are the laws in Nevada on going after hospital for lack of proper treatment
I was in an accident where I was a
passenger in 2013 and we we’re T-boned
be another vehicle. I had a collapsed
lung 8 broken ribs and a neck injury. I
was told there was no other damage even
when I repeatedly told the doctor that
the fingers on my left hand we’re numb
and tingling and my shoulder was hurting
horribly. They said there is no damage
to my shoulder I was just sore. I told
them something was definitely wrong
since my shoulder is no longer sitting
correctly and a big bone is sticking up.
Again they took me too have x-rays done
which showed no damage and the doctor
told me that he didn’t know what he was
suppose to do about it. Now my
fingertips constantly tingle and are
numb and shoots farther up my arm if I
use it in anyway and the shoulder itself
with feel like it’s just hanging there
about to fall off. It gets worse
everyday and I’m afraid I will have no
use of it one day and if they would have
done something than it would be ok.
Asked on February 25, 2018 under Malpractice Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
There are several challenges you face to a successful legal action:
1) The statute of limitations: you have to bring a medical malpractice case within 2 years of the medical care, or 1 year of the earlier of when you did in fact discover the injury or reasonably *should* have discovered it. Depending on when you became aware of the issues, you may be too late to take legal action.
2) You need medical evidence, like the expert opinion of a relevant doctor (e.g. an orthopedic surgeon or a neurologist) that based on the symptoms and test results *at the time* of the medical care, the treating phsysician or hospital should done more--that is, some medically supported reasons for the idea that the treatment was deficient.
3) And you also need medical evidence that the lack of treatment or the type of treatment you had has caused the problems you are experiencing.
So you may have a malpractice case, but it is not a given. If you have been working with a lawyer but he or she is not responsive, consult with another lawyer IMMEDIATELY to see if you do have a viable case and are still in time to bring one and, if so, to actually start or file the case. And if you haven't been working with an attorney, again, consult with one now.
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