Here are the elements of a medical malpractice claim in Nevada:
1. Defendant physician, hospital or employee of a hospital, failed, in rendering services, to use the reasonable care, skill or knowledge ordinarily used in similar circumstances;
2. Defendant’s conduct was the actual and proximate cause of plaintiff’s injury; and,
3. Plaintiff suffered damages.
NRS 41A.009; See, Prabhu v. Levine, 112 Nev. 1538, 930 P.2d 103 (1996).
In order to prevail in a medical malpractice claim in Nevada each of the foregoing elements must be proved.
Steve is the Managing Shareholder of Steven J. Klearman & Associates, a civil litigation law firm located in Reno, Nevada. He practices primarily in the areas of civil litigation and injury law, and has authored one of the definitive guides to Nevada civil law that is widely used by Nevada judges and attorneys, his book entitled Elements of Nevada Legal Theories.