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Nevada Medical Malpractice Questions & Answers
Q: Can I sue a doctor for not diagnosing my daughter's ear infection?
I have an autistic daughter, and on 10/15/25, I took her to a doctor's office where she was irritated by a dog present. The doctor examined her and told us nothing was wrong. The following day, on 10/16/25, I took her to the hospital, where she was diagnosed with an ear infection in both ears.... View More 
Joel Gary Selik
answered on Oct 27, 2025
answered on Oct 27, 2025
While it may or may not be malpractice, it is probably not a viable case.
It may be malpractice if the doctor's failure was due to his or her breaching the standard of care. A wrong diagnosis is not enough to warrant malpractice.
If it was malpractice, the harm caused by the... View More
Q: Do I have a legal case for botched knee surgery in Nevada?
I had knee replacement surgery in August 2023, during which the surgeon accidentally shattered my femur in two places and broke my tibia in three, with a fracture in a fourth location. An associate was brought in to assist. My femur now has two cable ties, and my knee and tibia have 4-5 screws.... View More
Joel Gary Selik
answered on Jun 13, 2025
answered on Jun 13, 2025
Yes, yes there may be a malpractice case. To prove malpractice it must be shown through expert testimony that the doctor acted below the standard of care. Another doctor of the same specialty would have to review the records to determine what can be proven.
There are many other issues that... View More
Q: Do I have a reason to sue healthcare provider?
During an MRI today I noticed my wedding ring was still on as I was sliding into machine. I waved my hands to stop it so I could remove it. The MRI tech said I’d be fine and didn’t allow me to take it off. The MRI came out blurred because he said I was moving. I was not moving at all. Turns out... View More
Tim Akpinar
answered on Aug 22, 2024
answered on Aug 22, 2024
A Nevada attorney could advise best, but your question remains open for two weeks. It could depend what the damages were. I do not believe a several week delay in knee surgery would typically be a source of damages - that's an individual opinion - other attorneys could see things differently.... View More
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.
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T. Augustus Claus
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answered on Dec 21, 2023
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answered on Dec 21, 2023
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... View More
Q: What legal actions can I take for denied medication and harm at CCDC Las Vegas?
While detained at CCDC in Las Vegas, I, being disabled and a seizure patient, was denied my serious medications. Instead, they prescribed detox meds and Gatorade because I couldn't reach the water fountain. Records show I never received my meds, and they claimed I was unavailable twice in the... View More
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James L. Arrasmith
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answered on Oct 22, 2025
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answered on Oct 22, 2025
You can pursue federal civil‑rights claims under 42 U.S.C. § 1983 for deliberate indifference to your serious medical needs while at CCDC. As a pretrial detainee that standard arises under the Fourteenth Amendment (or the Eighth if you had already been sentenced) and squarely covers refusal to... View More
Q: Issues with penile implant done incorrectly in Las Vegas, seeking referral and malpractice advice.
I had penile implant surgery in Las Vegas three months ago, and the implant isn't functioning correctly as I cannot deflate it, and it's protruding out of my scrotum. The surgery was very brief, about 15 minutes, and I'm now experiencing weight loss and a fever. My doctor has not... View More
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Jennifer Setters
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answered on Aug 12, 2025
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answered on Aug 12, 2025
I’m not a doctor or a lawyer, and this is only general information, not medical or legal advice.
If you are unable to deflate a penile implant and are experiencing fever and weight loss, you should seek immediate medical attention. A malfunctioning implant can lead to infection and other... View More
Q: Seeking legal advice after thumb surgery led to bone infection and complications
I underwent minor thumb surgery to remove a cyst, which subsequently led to a bone infection. Initially, the surgeon did not take my infection seriously. I ended up in the ER and required two more surgeries to clean out the infection, along with three days in the hospital receiving IV antibiotics.... View More
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James L. Arrasmith
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answered on Jul 26, 2025
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answered on Jul 26, 2025
What you've gone through sounds painful, frustrating, and deeply disruptive to your life. A bone infection after surgery is serious, and if your surgeon failed to recognize or respond properly to early signs of infection, that may rise to the level of medical negligence. The fact that you... View More
Q: What are the tax implications on malpractice settlements in Nevada?
I'm interested in understanding the tax implications, both federal and state, regarding settlements from a malpractice suit in Nevada. Can you provide clarity on whether such settlements are subject to taxes and any specific details or considerations I should be aware of?
Joel Gary Selik
answered on Jul 21, 2025
answered on Jul 21, 2025
It is a good question, but the answer is complicated. It is highly recommended you consult with a tax professional. Additionally, the laws are in a state of change.
Generally, the portions of any settlement or verdict attributable to taxable loss wages/income or other areas of the... View More
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Nursing Home Abuse, Medical Malpractice, Wrongful Death and Personal Injury
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Q: Legal concerns over assisted living facility care and medication errors leading to death.
I have concerns about my mother's care management at an assisted living facility. She was on hospice care, had a Do Not Resuscitate (DNR) order, and was categorized as a fall risk. Despite being instructed not to go to the bathroom alone, no bed pan was provided, only a bell. She also received... View More
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James L. Arrasmith
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answered on Jul 10, 2025
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answered on Jul 10, 2025
I'm so sorry you’re going through this. What happened to your mother raises serious concerns that deserve to be addressed. When a facility fails to follow basic safety protocols—especially for someone on hospice with a DNR and fall risk—it may be considered neglect. Administering more... View More
Q: Can I sue for malpractice and emotional distress after rushed surgery in Nevada?
I underwent surgery in 2024, during which the surgeon admitted to rushing through the procedure. Since the surgery, I've had multiple follow-up doctor appointments with no help, and I continue to experience the same pain I had before, an enlarged spleen, and 5 hernias. A follow-up surgery has... View More
Joel Gary Selik
answered on Jul 6, 2025
answered on Jul 6, 2025
Yes this could be a basis for a malpractice lawsuit, in part. It would need to be shown the doctor caused harm by breaching the standard of care.
2 Answers
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Appeals / Appellate Law, Legal Malpractice, Medical Malpractice, Civil Rights and Personal Injury
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Q: Options after unethical legal representation in NV med-mal case
In my medical malpractice case, my previous attorneys violated state law concerning contingency fee limitations. The original agreement set a contingency fee at 40% after deducting their fees, increasing to 50% if settled within 30 days of trial. Two and a half years later, I signed an... View More
Joel Gary Selik
answered on Apr 3, 2025
answered on Apr 3, 2025
If the lawyer committed malpractice then you may be able to sue for your losses. Malpractice means that a lawyer violated the standard of care.
The facts of the case, review of the court documents, and other analysis is required.
Consult with experienced legal malpractice... View More
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Medical Malpractice, Consumer Law, Libel & Slander, Personal Injury and Arbitration / Mediation Law
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Q: Can I take legal action for unauthorized use of my photo by a doctor in Nevada?
After discovering that my doctor posted an identifiable photo of me online with medical equipment used on my head during and after surgery, I have experienced mental distress and depression. The photo is being used without my consent to sell the equipment. Seeing this image has been a setback for... View More
Joel Gary Selik
answered on Mar 31, 2025
answered on Mar 31, 2025
While not a clear-cut case, there is a lawsuit potential.
Settlement is possible but the case needs to be approached in the proper way.
Consult with experienced Nevada attorneys.
Q: 1TSR ,Arthritic shoulder. Imeddiate pain post surgery. Several calls to surgeon and was told it was frozen. Unable to
Xrays abductly. Ordered CAT scan took 2 months for scan and immediate call from Surgeons
assistant. Told Sub tend was completly detached. I went to another surgeon' and had a reversal shoulder surgery .
Surgeon found Irreparable atrophyed and nerve damaged to the sub... View More
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Jennifer Setters
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answered on Nov 14, 2024
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answered on Nov 14, 2024
I'm sorry to hear about what you've experienced, especially considering the impact on your career and daily life. It sounds like you may have grounds to pursue a medical malpractice claim based on what you’ve described. Here’s an overview of potential claims and steps you could... View More
Q: Medical negligence by Renown ER. I feel that the death of my godmother did not need to happen. She went to ER on 1/1/24
for abdominal pain and constipation (2 weeks). A CT was done, no blockage. Dr said she was going to give her an IV to help with the constipation. She was discharged without that happening. She died of a large bowel obstruction about 10 days later. I really would like someone at Renown to... View More
Tim Akpinar
answered on Apr 13, 2024
answered on Apr 13, 2024
A Nevada attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your godmother. One option would be to try to set up a free initial consult with a law firm. If a firm expressed interest in handling the matter, they could investigate in greater... View More
Q: I was referred to UC Davis for a abdominal aortic aneurysm. UC Davis manufactured the stent that turned out to be the
Wrong size leaving me paralyzed and intubated. By the time I was out of ICU I had the beginning of a pressure sore. I have a picture of it and the date on my phone. I was later transferred to a rehab with a stage 4 pressure sore. UC Davis documents to the rehab documents the sore. I just had flap... View More
Joel Gary Selik
answered on Mar 25, 2024
answered on Mar 25, 2024
You may have a good medical malpractice case. An attorney would need to consult with medical experts to see that what occurred happened because of actions below the standard of care.
Q: I had surgery yesterday and have had severe pain since I woke up at the hospital and my surgery was supposed to be at 10
My doctor said he was 4 hours late for my surgery because of complications of his patient before me and he also mentioned his patient has the same procedure done
Joel Gary Selik
answered on May 3, 2023
answered on May 3, 2023
It is important you see other doctors right away to see what health care you need. This will also tell you more of what happened and what harm was done to you.
Q: My mom was admitted to St Mary's Hospital in Reno, Nevada for acute liver failure where she was denied any dialysis and
Died 23 days later after kidneys failed. Do I have a case?
Joel Gary Selik
answered on Aug 28, 2022
answered on Aug 28, 2022
Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.
Q: Why can't I or my current dentist get my dental records without a lawyer?
Dr. Navales, Absolute Dental, incorrectly implanted posts to hold a clip-on denture. Broken posts and extreme pain have been the result. I am currently spending another $10,000 for dental work in another office to be able to have a clip-on denture without constant post breakage and pain. I was... View More
Joel Gary Selik
answered on Apr 7, 2022
answered on Apr 7, 2022
The California Dental Association has a publication on obtaining your records:
https://www.cda.org/Portals/0/pdfs/fact_sheets/patient_records_english.pdf
Make sure the request is put in writing.
Standard Notices:
NOTICE DEADLINES: There are strict time deadlines... View More
Q: a procedure i didnt ask for left me deformed on my face
i went in to have eye bag removal and face lift and woke up with some threads that are connected to my bone that cause damage to my face and i did not sign for this and was never told of this ,i have seen 2 plastic surgents that said they cant fix it .That they have never heard of this ,also that... View More
Tim Akpinar
answered on Apr 3, 2022
answered on Apr 3, 2022
A Nevada attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. There wasn't a question included in the post, but you may be wondering what your legal rights are. The first step in finding that out is to reach out to Nevada med mal attorneys. If a... View More
Q: How would I obtain a hospitals documented timeline of my father's health while he was in there care?
My father is currently in a Nevada hospital, now at day 5 we're told he might not make it. He was having cold like symtoms and slight shortness of breath, he was contemplating even going but decided to just to have them take a look just in case. He wasn't struggling, no signs of of lack... View More
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