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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other claims like Wrongful Death, Auto Accidents, Slip & Fall, and Products Liability before you explore the Article below.

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Treatment-Related Injuries

Reducing Treatment-Related Injuries

Despite their disturbing number, treatment-related injuries generally have not been perceived as a major problem in American medicine. Leape (1994) attributes that to several factors, including the scattered nature of adverse events, the fact that most errors do not lead to serious injury, and the culture of medical practice that leads many practitioners to deny or conceal errors. Health care professionals are trained to strive for error-free practice and often view errors as a failure of character. Corrective efforts generally focus on the individual practitioner rather than systemic causes. Seldom are underlying causes explored.

But perhaps the most significant deterrent to the identification and reduction of errors is the threat of costly, adversarial malpractice litigation. Individuals who believe they are injured during the course of treatment can file suit in State court under tort laws alleging medical malpractice. Such suits can seek reimbursement of "economic damages" (e.g., medical expenses, loss of earnings), "noneconomic damages" (e.g., pain and suffering), and "punitive damages" (e.g., awards designed to deter intentional or reckless behavior or actions motivated by malice).

Many States have placed limits on the size of malpractice awards that are available to individuals who can prove their injuries were caused by the treatment they received or by the failure of practitioners or providers to deliver appropriate care (Health Care Liability Alliance, 1995). For example, approximately two-thirds of the States have imposed some limits on the size of malpractice awards made by the courts. Most have capped awards for noneconomic damages at $250,000, $500,000, or $750,000. Others have capped total awards at as much as $1 million. Many States have limited the use of attorney contingency fees. More than half of the States have adopted some form of collateral source rules, reducing the liability of the plaintiff by the amount obtained elsewhere. Further analysis is needed to assess the positive and negative implications of those various approaches.



This information came from a
HCQC online article.

*** Any law, statute, regulation or other precedent is subject to change at any time ***

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DEMPSEY, ROBERTS & SMITH, LTD.
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