Medford, OR asked in Medical Malpractice and Personal Injury for Nevada

Q: 8 years ago my friend went in for a hysterectomy and went into septic shock ,woke up 53 days later without a leg.

She did sue the doctor. But why can't you sue again because she's had 26 surgeries since then. This is ridiculous. I know the Nevada laws but there should be a way.

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Las Vegas, NV
  • Licensed in Nevada

A: In Nevada, as in many jurisdictions, there are legal principles, such as the "one-bite at the apple" rule or the "single recovery" rule, that generally limit individuals from suing multiple times for the same injury. Once a lawsuit is filed and resolved, it typically includes all current and future claims related to the specific injury or incident.

However, there are exceptions and nuances, especially in cases of medical malpractice where subsequent complications or new injuries arise due to the original malpractice. If your friend has experienced additional harm or complications that were not addressed in the initial lawsuit, it may be worth consulting. Assess whether there are grounds for a new legal action, and guide your friend on the potential legal options available.

Tim Akpinar
Tim Akpinar
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: Depending on the terms of the release signed by your friend, it's possible their settlement agreement covered all claims known and unknown, present and future. She could review the closing papers for the case with an attorney for definitive guidance. Good luck

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