In cases where their doctors, nurses and staff have been negligent in providing medical treatment, hospitals can be held legally responsible for a patient’s injuries, or for medical malpractice that occurred there. Previously, hospital liability claims would fall under the domain of the Medical Dental Screening Panel (“the Panel”). Now, an injured party has the option of proceeding before the Panel, or filing suit in District Court and skipping the Panel entirely.
When an injured patient wishes to file a claim before the Panel, a medical malpractice claim must first be presented to its members. The Panel is comprised of doctors, attorneys and hospital administrators. After a formal petition has been filed by the claimant, and a response has been given by the hospital, the Panel considers the evidence submitted and then issues one of three determinations.
(1) The Panel may decide that a reasonable probability of medical malpractice exists;
(2) The Panel may decide that a reasonable probability of medical malpractice does not exist; or
(3) The Panel may conclude that, based on the evidence that was presented, no determination can be made one way or the other.
The Panel’s conclusions are not binding and a lawsuit may still be filed, regardless of its findings. However, the Panel’s findings can sometimes assist the parties in resolving a disputed claim without the necessity of going to trial.
Medical malpractice is one of the most complicated areas of the law. If you think you may have a medical malpractice claim, you should consult with an experienced attorney to discuss your legal rights in greater detail. Achrem & Associates has been litigating cases for more than 40 years and has the skills and resources necessary to help its clients in even the most complicated cases.
Call (702) 734-3936 today for a free consultation. If you’re outside Nevada, call us at (888) 734-6789.