When a medical procedure goes wrong, the harm may be obvious. Proving that it happened because a provider was careless is much harder. Doctors make difficult judgment calls every day, and an unfavorable outcome alone does not establish malpractice. In Nevada, testimony from a qualified medical professional is usually what connects a poor result to a valid legal claim.
Most Malpractice Claims Depend on Expert Medical Testimony
Every medical malpractice case is based on the standard of care, the level of treatment a reasonably careful provider in the same field would have delivered under similar circumstances. Because most jurors lack the medical training to determine whether that standard was met, Nevada relies heavily on expert testimony.
Under NRS 41A.071, a court must dismiss a malpractice lawsuit filed without an affidavit from a qualified medical expert. A qualified medical expert is a person who practices, or has practiced, medicine in an area substantially similar to that of the provider being sued. The affidavit must support the allegations and describe the specific negligent acts of each provider named in the case. A few narrow exceptions under NRS 41A.100 apply to obvious errors, such as leaving a surgical instrument inside a patient or operating on the wrong body part.
What an Expert Witness Does to Support Your Case
An expert witness’s role continues long after the initial affidavit is filed. Throughout your claim, this professional helps translate complex medical issues into terms a judge or jury can understand. A qualified expert may:
- Review your medical records to identify where care fell short
- Explain the accepted standard of care for your condition or procedure
- Show how the provider’s error caused or worsened your injury
- Testify at depositions and trial and respond to opposing experts
- Help establish your prognosis and future medical needs
How Do Attorneys Locate and Vet Qualified Medical Experts?
Finding the right medical expert takes careful research. Attorneys often draw on professional networks, academic institutions, referral services, and professionals they have worked with in past cases. Once an attorney identifies a candidate, they evaluate whether the candidate’s background matches the medical issues in your claim, including board certifications, recent clinical experience, and published work.
Attorneys also review any prior expert testimony the defense could use to challenge the witness’s credibility. Many attorneys retain multiple experts, such as a physician to address the standard of care and another to address causation or future medical needs. Keep in mind that the defense will almost always retain its own experts to argue that the provider acted appropriately.
Experienced Medical Malpractice Attorneys
Trust an Attorney to Build a Strong Foundation for Your Malpractice Claims?
Nevada requires that a medical expert be involved from the moment a malpractice lawsuit is filed, so the steps you take early can determine whether your claim moves forward. A Las Vegas medical malpractice lawyer can consult with qualified medical professionals and secure the affidavit your case needs before filing deadlines pass. With credible testimony, you have a clearer path to holding a negligent provider accountable. Contact an attorney to schedule a free consultation and discuss what happened during your care.