What is Liability in a Personal Injury or Medical Malpractice Cases?
If you have been injured or harmed due to the negligence or misconduct of others, you may be entitled to seek compensation through personal injury or medical malpractice claims with the help of an experienced Las Vegas personal injury lawyer. Establishing liability is a crucial aspect of these cases; it determines who should be held responsible for the injuries and who should provide fair compensation for the damages incurred.nnLiability In Personal Injury CasesnIn a personal injury case, liability refers to the legal responsibility of a person or entity for causing harm or injury to another person. To establish liability, the following elements need to be proven by your personal injury attorney:nnDuty of CarenThe defendant must have owed a duty of care to the plaintiff. This means they had a legal obligation to act reasonably and avoid causing harm.nnBreach of DutynIt must be shown that the defendant breached their duty of care by acting negligently or engaging in wrongful conduct.nnCausationnThe plaintiff must establish a causal connection between the defendantu2019s breach of duty and the injuries suffered. They must show that the defendantu2019s actions or negligence directly caused their harm.nnDamagesnPersonal injury victims must demonstrate that they have suffered actual damages, such as injuries, emotional distress, medical expenses, lost wages, or pain and suffering.nnLiability In Medical Malpractice CasesnIn medical malpractice cases, liability focuses on the duty of care owed by healthcare professionals, including doctors, nurses, surgeons, and hospitals. Proving liability in medical malpractice cases involves the following elements:nnDoctor-Patient RelationshipnIt must be established that a doctor-patient relationship existed, meaning the healthcare professional agreed to provide medical care or treatment to the patient.nnStandard of CarenThe plaintiff must demonstrate that the healthcare professional breached the standard of care. This standard refers to the level of care and skill that a reasonably competent healthcare professional in the same field of medical treatment would provide under similar circumstances.nnCausationnThe plaintiff must establish a direct causal link between the healthcare professionalu2019s breach of the standard of care and the injuries or harm suffered by the patient.nnDamagesnThe plaintiff must show that they have suffered harm or damages as a result of the healthcare professionalu2019s negligence or misconduct. This can include physical injuries, worsened medical condition, additional medical bills, loss of income, or emotional distress.nnThese standards of proof became paramount in Nevada with the ruling in the case Perez v. Las Vegas Medical Center, 107 Nev. 1, 4, 805 P.2d 589, 590 (1991).nnIn a personal injury claim or medical malpractice case, liability is an enforceable claim against another partyu2019s assets for damages caused by negligence or intentional misconduct. There are several liability theories in tort law that you might pursue after an accident or injury.nnHowever, not all liability theories apply in all injury cases. The type of liability used in injury claims depends on the specific facts and circumstances of the case.nnCommon Injury Claims That We Bring To Court On Behalf Of Our ClientsnAlthough, it is important to note that this list is not exhaustive and there may be an alternative or additional claim that may apply to your case, here are some common claims:nnNegligencenNegligence is a common theory in personal injury cases. It requires proving that the defendant owed a duty of care, breached that duty, and caused injury or harm to the plaintiff as a result of their breach.nnMedical MalpracticenMedical malpractice cases involve negligence or wrongful acts by healthcare professionals, such as doctors, nurses, or hospitals, that result in injury or harm to a patient. These cases often require expert testimony to establish the standard of care and the defendantu2019s deviation from it.nnStrict LiabilitynStrict liability holds defendants responsible for injuries caused by inherently dangerous activities or products, regardless of their level of care or intent. This theory is often applied in cases involving defective products or hazardous substances.nnRespondeat SuperiornUnder the doctrine of respondeat superior, an employer can be held liable for the negligent acts of its employees if those acts occurred within the scope of their employment. This theory is often relevant in cases involving medical professionals employed by hospitals or healthcare facilities.nnPremises LiabilitynPremises liability cases involve injuries that occur on someone elseu2019s property due to dangerous conditions, like not having enough security to protect its patrons. Property owners or occupiers may be held liable for failing to maintain safe premises or warn visitors of known hazards, such as when a floor is wet or an unmarked walkway may have an obstacle or be damaged.nnIntentional TortsnIn some cases, personal injuries may result from intentional acts, such as assault, battery, or defamation. These cases involve proving that the defendant intentionally caused harm or engaged in wrongful conduct.nnWrongful DeathnWrongful death claims arise when a personu2019s death is caused by the negligent, reckless, or intentional actions of another party. Wrongful death claims are brought by the surviving family members or the estate of the deceased person. In Nevada, the elements required to establish a wrongful death claim include proving that the defendantu2019s actions caused the death, that the defendant owed a duty of care to the deceased, and that the surviving family members have suffered damages as a result of the death.