Medical Malpractice

• Nevada Medical Malpractice Fact Patterns - Part I

  Steve Klearman | August 21, 2006 8:57 AM | 0 CommentsReno, NV

  Here are facts from some of Nevada's most notable medical malpractice cases:Plaintiff underwent surgery for treatment to his shoulder, but suffered an injury to his brain, causing his vegetative state.  The brain is not directly or proximately related to the rotator cuff surgery.  Therefore, the district court did not abuse its discretion when it submitted a res ipsa loquitur instruction to...

• U.S. Supreme Court Limits the Need for Medicaid Reimbursement

  Steve Klearman | August 18, 2006 9:34 AM | 0 CommentsReno, NV

  The following excerpt comes from ATLA:ATLA in motion: CCL reportJuly 2006 | Volume 42, Issue 7The U.S. Supreme Court handed injured plaintiffs a significant victory on May 1, ruling unanimously to limit state Medicaid agencies' claims for reimbursement to the portion of any tort settlement attributable to past medical expenses. The agencies may not claim any part of a plaintiff's recovery for...

• The Elements of a Medical Malpractice Claim in Nevada

  Steve Klearman | August 18, 2006 8:53 AM | 0 CommentsReno, NV

  Here are the elements of a medical malpractice claim in Nevada:1. Defendant physician, hospital or employee of a hospital, failed, in rendering services, to use the reasonable care, skill or knowledge ordinarily used in similar circumstances;2. Defendant's conduct was the actual and proximate cause of plaintiff's injury; and, 3. Plaintiff suffered damages.NRS 41A.009; See, Prabhu v. Levine, 112...

• Recycled Medical Devices Draw Attention

  Steve Klearman | July 30, 2006 3:44 PM | 0 CommentsReno, NV

  Yahoo News and the AP report today as follows:TRENTON, N.J. - For eight months during his infancy, Sean Van Duyn gagged, retched and vomited daily. Now 6, the Winter Haven, Fla., boy still can't eat or drink by mouth, instead being fed by a permanent tube in his belly. Beset by multiple medical problems in his first months, the boy had to have a breathing tube inserted through a hole cut in his...

• Best and Worst of Times for Medical Malpractice

  Steve Klearman | June 25, 2006 11:40 AM | 0 CommentsReno, NV

  There has never been a worse time for victims of malpractice and malpractice attorneys. Many sets of state statutes now limit malpractice suits in arbitrary and often absurd ways. This has made finding representation more difficult and the possibility of securing meaningful results through litigation more remote.At the same time, though, we live in an amazing age. Medicine, prior to the...

• Nevadans Sponser and Defeat Malpractice Legislation

  Steve Klearman | May 10, 2006 6:05 AM | 0 CommentsReno, NV

  Proposed Federal medical malpractice reforms are dead (again) and so I'll stop talking about them soon. Not just yet, though.Interestingly, Nevadans played a major role in the rise and fall of the legislation. John Ensign, R-Nev., sponsered part of the legislation, while Harry Reid, D-Nev., opposed it.Bloomberg News reported that Senate Democratic leader Harry Reid of Nevada called the attempt...

• Federal Malpractice Legislation Fails

  Steve Klearman | May 08, 2006 4:10 PM | 0 CommentsReno, NV

  The national trial lawyer's lobby was once again successful in fending off medical malpractice reforms that would have restricted the rights of Americans everywhere. (Too bad Nevada's trial lawyer lobby wasn't as successful in 2004).Here's an update:This evening, the Senate voted down two Motions to Proceed to the consideration of medical malpractice bills. Thanks to an aggressive lobbying,...

• So You Want to Sue Nevada?

  Steve Klearman | May 04, 2006 12:58 PM | 0 CommentsReno, NV

  I've handled a lot of cases that involve Nevada and its political subdivisions. Many entailed serious injuries. Some, for instance, involved sexual assaults by health care professionals and teachers on patients and students. All had one thing in common: Nevada "immunity" caps.There are special laws that govern lawsuits against Nevada and its political subdivisions. These laws, and the Nevada...

• New Bill With an Old Story

  Steve Klearman | May 04, 2006 12:47 PM | 0 CommentsReno, NV

  This from People Over Profits: Once again, without any hearings and without following normal Senate procedure, the Senate Majority Leader plans to bring to the floor S. 22, the so-called "Medical Care Access Protection Act of 2006." S. 22 contains many of the same limits found in earlier bills, also brought to the floor with no hearings. It contains the same elimination of injured patients'...

• Parental Liability In Nevada for Acts of Child

  Steve Klearman | April 30, 2006 9:53 AM | 0 CommentsReno, NV

  Ever wonder when you as a parent become liable for an accidents or intentional injuries caused by your child?Nevada law addresses this in two statutes:First, NRS 41.470 provides: 1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is...