Surgical Errors Lawyer

To have a valid medical malpractice case, you must prove:​


• A doctor-patient relationship existed
• The healthcare provider breached the standard of care (was negligent)
• The breach directly caused your injury
• You suffered damages and have evidence (medical bills, lost wages, pain and suffering)​.

Not every bad outcome is malpractice—complications can occur even with proper care. Get your free consultation with our expert medical malpractice attorney in Las Vegas (702) 637-3333.

The statute of limitations is one of the first concerns. In Nevada, you generally have 4 years from the date of injury or 2 years from when you discovered (or should have discovered) the malpractice, whichever comes first. There are exceptions for minors and specific circumstances, so consulting an attorney immediately is critical.

A birth injury may be malpractice if your doctor or medical team failed to follow accepted medical standards and that mistake caused your child’s injury. Common red flags include ignored signs of fetal distress, delayed C-section, improper use of forceps or vacuum, medication errors, or failure to monitor mother and baby during labor and delivery.​

To have a case, four things usually must be proven:

• A doctor–patient relationship existed (duty of care)
• The provider violated the standard of care (breach)
• That breach directly caused your child’s injury (causation)
• Your child suffered measurable harm, such as brain damage, cerebral palsy, nerve injuries, or developmental delays (damages)​

If you suspect a mistake was made, a medical malpractice attorney in Las Vegas can review your records with medical experts to determine whether malpractice likely occurred. Call (702) 637-3333.

It may be elder neglect, medical malpractice, or both, depending on who was responsible and what went wrong. Neglect usually involves the facility or staff failing to provide basic care—like preventing bedsores, helping with hygiene, providing enough food and fluids, preventing falls, or responding to changes in health.​

It may be medical malpractice if a doctor, nurse practitioner, or other medical provider at the facility gives substandard medical treatment, such as ignoring serious symptoms, mismanaging medications, or delaying necessary medical care. In either situation, a claim generally requires proof that:​

• The facility or provider owed your loved one a duty of care
• They failed to meet that duty
• That failure directly caused harm (injury, worsening condition, or death)
• Your loved one suffered real damages (medical treatment, pain, loss of dignity, or wrongful death)
​

An attorney can sort out whether the claim is against the facility, individual providers, or both, and pursue compensation accordingly. Get your free consultation with our expert medical malpractice attorney in Las Vegas (702) 637-3333.

A misdiagnosis can be medical malpractice if your doctor failed to act as a reasonably careful doctor would have in the same situation and that failure caused you harm. Not every wrong diagnosis is malpractice—some conditions are genuinely difficult to detect—but there may be a case where your doctor:​

• Ignored clear symptoms or abnormal test results
• Failed to order basic tests that most competent doctors would have ordered
• Misread scans or labs that showed obvious problems
• Delayed diagnosis until your condition became much worse​

To bring a misdiagnosis claim, you generally must show:

• A doctor–patient relationship existed
• The doctor deviated from accepted diagnostic standards
• That error directly caused a worse outcome (more invasive treatment, spread of disease, disability, or death)
• You suffered damages like extra medical bills, lost income, or pain and suffering

A malpractice lawyer in Las Vegas will usually work with medical experts to compare what your doctor did to what a competent doctor should have done.​ Call John at (702) 637-3333.

You may have a malpractice case if something went wrong in surgery because a surgeon, anesthesiologist, nurse, or hospital failed to meet accepted standards of surgical care. Examples include operating on the wrong site, leaving surgical instruments inside the body, damaging nearby organs or nerves through carelessness, anesthesia errors, or failing to prevent infection through proper sterilization.​

To bring a claim, it must be shown that:

• The surgical team owed you a professional duty
• They breached that duty by making a preventable error—not just a known risk that you were warned about
• That error directly caused your injury or complications
• You suffered damages such as additional surgeries, longer hospitalization, disability, disfigurement, or lost income​

A malpractice attorney can review operative reports, anesthesia records, and expert opinions to determine whether the outcome was a recognized risk or the result of negligence.

Yes, if a preventable medical error led to a brain injury, you may have a strong medical malpractice claim. Brain injuries in the medical context often stem from lack of oxygen (during birth, surgery, or anesthesia), untreated strokes, untreated infections, severe medication errors, or failure to respond to obvious warning signs.

You generally need to prove that:

• A healthcare provider had a duty to treat you or your child competently
• They failed to meet the standard of care (for example, by delaying a C-section, ignoring stroke symptoms, or mismanaging anesthesia)
• That failure directly caused the brain injury
• The injury led to serious, lasting harm—such as cognitive deficits, motor problems, seizures, or permanent disability​

Because brain injuries are life-changing and often require lifelong care, these cases can involve substantial damages for medical costs, future care, lost earning capacity, and pain and suffering. Call John Bemis, a medical malpractice lawyer at (702) 637-3333.

A medical lien is a legal claim that allows a healthcare provider or insurance company to be repaid from your personal injury settlement for treatment they provided or paid for.

How it works:

When you’re injured (car crash, slip and fall, medical malpractice, etc.) and can’t afford treatment upfront, some doctors and hospitals agree to treat you “on a lien,” meaning they defer payment until your case settles. They serve the lien to legally secure their right to be paid from your settlement.​ When your case resolves, the lien is paid directly from the settlement proceeds before you receive your share. Your attorney negotiates to reduce lien amounts when possible to maximize what you keep.​

Common types:

Health insurance liens: Your insurer (private, Medicare, Medicaid) pays for treatment, then seeks reimbursement from your settlement.​
Hospital/provider liens: Medical providers treat you on credit and get paid from your settlement.​

Medical liens help you access necessary care without upfront costs, but they reduce your final settlement amount. During your free case review, the attorney, John Bemis, Esq., can explain medical liens, any deficiencies in a person’s coverage, review other policy details, and advise you on how to protect yourself moving forward. Call (702) 637-3333.

1. Obtain all medical records surrounding the treatment.


2. Obtain any medical records of second opinions.
3. Obtain death certificate and/or autopsies for any medical wrongful death that is potentially caused by medical negligence.