Forms of Malpractice
Malpractice comes in different forms. Most associate the word with “medical malpractice.” However, “professional malpractice” also arises.
Medical Malpractice
Medical Malpractice arises when a doctor, caregiver or hospital fall below the level of reasonableness for the medical profession. Not all medical mistakes or poor outcomes amount to malpractice. On the other hand, horrible outcomes and mistakes give rise to malpractice actions.
Currently, Nevada’s legislature has elected to limit recovery on medical malpractice cases for non-economic damages to $350,000. This is something consumers of medical services and trial lawyers are concerned about and trying to reverse. Doctors and insurance companies oppose changing the limit arguing it is too expensive to be insured and harder to keep quality medical care in Nevada. This is disingenuous. Bad doctors cause lawsuits. Law suits do not cause bad medical care. Meanwhile consumers suffer.
Professional Malpractice
Professional malpractice applies a similar level of reasonableness standard for the particular profession. It may be an accountant, a lawyer or other professional.
