Statute of Limitations
- 2 years with Discovery Rule. (Nev. Rev. Stat. Ann. §11.190)
- Medical malpractice – 4 years after date of injury, and 2 years after injury was or should have been discovered. For actions involving brain damage or birth defects in minors, the limitation is extended until the minor reaches age ten. (Nev. Rev. Stat. Ann. §41A.097)
Damages Cap
- Noneconomic damages for medical malpractice are limited to $350,000. (Nev. Rev. Stat. Ann. §41A.035)
- Punitive damages – Capped at three times compensatory damages if damages exceed $100,000. If compensatory damages are less than $100,000, then punitive damages capped at $300,000. (Nev. Rev. Stat. Ann. §42.005)
Statute of Limitations
- 2 years with Discovery Rule. (Nev. Rev. Stat. Ann. §11.190)
Damages Cap
- Noneconomic damages for medical malpractice are limited to $350,000. (Nev. Rev. Stat. Ann. §41A.035)
- Punitive damages – Capped at three times compensatory damages if damages exceed $100,000. If compensatory damages are less than $100,000, then punitive damages capped at $300,000. (Nev. Rev. Stat. Ann. §42.005)
A nursing home negligence lawsuit has been filed against Highland Health Care Center and its parent company Covenant Care Midwest for their negligent care of a patient. The lawsuit alleges that the patient was admitted to Highland Health Care Center on November 5, 2008 for physical therapy, following a total knee replacement surgery.
During the course of the prescribed physical therapy, the patient developed decubitus ulcers on his back and heel. The decubitus ulcers became so severe that, surgery was required to help heal the wounds.
An articlepublished in the Las Vegas Sun, painted an unfortunately common set of circumstances; an overweight patient goes into a hospital for a medical procedure-- only to acquire pressure sores during their stay. Sure, the same scenario can (and most certainly does) occur with people of average stature, but there definitely is a disproportionate number of obese patients who enter a hospital or nursing home only to develop a lingering souvenir.
The sun article concentrates on 60-year-old Tyrone Bush, a maintenance man, who was admitted to Desert Springs Hospital for a quadruple heart bypass surgery in 2008. It was during Bush's recovery at the hospital, that he developed multiple bed sores (or pressure sores, pressure ulcers, decubitus ulcers) on his buttocks.
When it comes to nursing home litigation, patient records really are the Holy Grail. Patient records are important in both assessing the initial case as well as determining how to proceed from a litigation standpoint.
In my nursing home injury practice, one of the first things I suggest families do is to obtain a copy of their loved one's medical chart from the facility in order to evaluate the potential case. In my experience, requesting a copy of the patient's chart as soon after an event, increases the likelihood of the facility providing a complete and accurate chart from the facility.
When state officials see an incident involving poor care at a nursing home, they really have several tools in their arsenal to eradicate the problem.
Depending on the severity of the violation, state officials generally elect to cite and / or fine the facility. If deemed necessary, officials may choose to conduct follow-up inspections at the facility to ensure that compliance is maintained.
About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…