It is a sad but true circumstance that more and more reputable attorneys in Nevada are no longer interested in representing victims of a Medical Malpractice in the state of Nevada. The reason being that the law caps the amount of money that can be earned by the attorney, even though medical malpractice cases are sometimes the most costly and time consuming areas of Personal Injury law to litigate.
Nevada’s MedMal caps were set several years ago as follows: Forty percent of the first $50,000 awarded; 33 and one-third percent of the next $50,000; 25 percent of the next $500,000 awarded; and a cap of 15 percent for awards of $600,000 or more. However, the reality is that many of these cases cost more then an attorney can recoup in legal fees once the trials is completed.
Recent studies showcased on Sixty Minutes and other media outlets note that the reason health care fees are going up is not a result of malpractice suits being filed against hospitals and doctors; in fact, less then 1% of all health care fees are chalked up to medical malpractice litigation, even though some of these people suffer the most debilitating of injuries due to surgical error, mix-up in records or other gross forms of negligence by the medical establishment.
The solution? It sounds like the law needs to be rewritten if Federal and State governments are truly interested in protecting Americans. The reality is that medical malpractice is very difficult as well as costly to prove, with the hiring of experts, medical tests and other processes that accompany a suit of this nature, and without an attorney this process is nearly impossible.
For more information on why Nevada attorneys are no longer interested in pursuing such claims, read: Why Excellent Nevada Trial Attorneys WILL NOT accept good Medical Malpractice Cases