• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Cerebral Palsy Guidance

Answers and Assistance

877-862-8594phone iconCall
  • Cerebral Palsy
    • Types
    • Symptoms
    • Diagnosis
    • Prognosis
    • Causes
    • Associated Disorders
    • Gross Motor Classification System
    • Treatment
    • Life Expectancy
    • Myths
    • Risk Factors
    • Support Groups
    • Research
    • United Cerebral Palsy Association
    • Birth Injury Overview
  • Living With Cerebral Palsy
    • Daily Communication
    • Physical Fitness
    • Toilet Training Tips
    • Eating and Feeding Tips
    • Wheelchairs and Scooters
    • Walkers, Canes, and Standers
    • Falling Issues
    • Augmentative and Alternative Communication (AAC)
    • Conductive Education
    • Tips For Better Sleeping
    • Traveling Tips
    • Sports
    • Bullying
    • Inclusive Playgrounds
    • Respite Care
    • Transitioning to Adulthood
    • Vocational Counseling
    • College Guide
    • Finding a Job
    • Having Children
    • Costs
  • Financial Assistance
    • Government Assistance
    • Special Education Assistance
    • Cerebral Palsy Lawyer
    • Cerebral Palsy Lawsuit
  • Our Blog
  • About Us
  • Contact Us
law books and gavel
Home > Cerebral Palsy Lawyer > Cerebral Palsy Lawsuit > Nevada Cerebral Palsy Lawsuit Filing Process
Last Updated: May 11, 2022

Nevada Cerebral Palsy Lawsuit Filing Process

Page Written by Robert Wharton, Esquire
Page Written by Robert Wharton, Esquire

This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.

For any content issues please Contact Us.

In Nevada, the cerebral palsy lawsuit filing process depends on your situation and the laws that apply. Whether you think medical mistakes caused your child’s disorder or if you have discrimination concerns, an experienced cerebral palsy lawyer can assist you. However, it’s always a good idea to first understand the lawsuit process’s basics.

What Kinds of Lawsuits Might I Need to File in Nevada for Cerebral Palsy?

The idea of filing a lawsuit for your child diagnosed with cerebral palsy might not occur to you as you cope with the diagnosis. But, it could help to understand the options and how these lawsuits can benefit your family and your disabled child.

Medical Malpractice

You may want to file this kind of lawsuit if you believe your child’s condition wouldn’t have been diagnosed if it weren’t for a medical mistake or poor medical care. Malpractice occurs when a medical professional fails to provide an adequate standard of care, resulting in serious harm to the patient.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

A medical malpractice case can allow you to get justice for your child but also significant damages that will help with medical expenses.

Discrimination

Discrimination lawsuits may become more important as your child gets older. Some typical scenarios would be your child being denied access to public places or necessary services or accommodations at school.

You can file complaints with Nevada or federal agencies, depending on the law that applies. Nevada also allows for private lawsuits in which you can seek a remedy to the situation and damages.

How to File a Cerebral Palsy Medical Malpractice Lawsuit in Nevada

Before you begin filing a cerebral palsy lawsuit over medical malpractice, it’s essential to understand a little bit about the laws and the steps you’ll need to take.

There is a lot of room for error that can jeopardize your chances, so it is also important to rely on the right lawyer to guide you through the process.

  • Know the statute of limitations. Nevada’s statute of limitations on medical malpractice cases is three years from when the negligence occurred. If you weren’t aware that it happened and discovered the negligence later, you have one year from that time to file, as long as it was reasonable that you couldn’t have discovered it sooner.[1]
  • Discuss damages. Your lawyer will need all relevant documents and information related to your child’s condition to estimate the amount of damages you’re owed. This includes medical records and bills and all expenses related to your child’s disabilities, like therapy and mobility devices. Nevada does not limit what you can recover in economic damages, but the state caps non-economic damages at $350,000.
  • File an affidavit of merit. According to Nevada law, before you can begin the actual lawsuit, you must file an affidavit of merit.[2] This document shows that a qualified medical expert believes your allegations are valid. This step is supposed to reduce the number of frivolous lawsuits that make it to trial.
  • Begin the lawsuit. Once you have submitted that document, you can begin the actual lawsuit. Your lawyer will file a complaint, which outlines your allegations and the incident of medical negligence.
  • Participate in a settlement conference. Before your case can go to trial, the state requires that you participate in a settlement conference. Most medical malpractices proceed to a settlement negotiation anyway, as going to trial is lengthy and expensive. Your lawyer will argue on your behalf and try to get a fair amount of compensation.
  • Go to trial. If you cannot agree to what the defendants offer during the conference, you may proceed to court. Here both sides get to present evidence and expert testimony. The jury decides if medical negligence occurred to harm your child and any damages your child is owed.

How to File a Discrimination Complaint or Lawsuit in Nevada

Nevada’s Civil Rights Act of 1965 protects disabled people in employment, public accommodations, and credit.[3]

If you experience discrimination in housing or education, you must refer to federal laws and file with the appropriate agency, such as the Department of Housing and Urban Development or the Department of Justice. Your lawyer will know which agency is the correct one for your situation.

Nevada law also allows individuals to take private legal action in discrimination cases. This means you can sue those responsible for remedying the situation. You can also use the lawsuit to recover damages for your child.

Finding a Nevada Cerebral Palsy Lawyer to Help File a Lawsuit

You need a lawyer to file a lawsuit over cerebral palsy because the process and the laws are complicated. It’s too easy to make a mistake on your own and too challenging to go up against defendants’ lawyers without your own expert.

Choose someone or a law firm with relevant experience. Only settle for lawyers specializing in cerebral palsy, disabilities, discrimination, and medical malpractice. Other lawyers won’t have the expertise needed to successfully navigate the process of getting your child justice and compensation.

Going through a lawsuit for your child in Nevada can be daunting. But with the right lawyer to help you, there is a genuine chance that the outcome will benefit your child. You can get the justice they deserve and the compensation that will allow you to provide the best care.

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now

References

  1. Medical liability/Malpractice statutes of limitation. (2014, March 20). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-statutes-of-limitation.aspx
  2. Medical liability/Malpractice merit affidavits and expert witnesses. (2014, June 24). Legislative News, Studies and Analysis | National Conference of State Legislatures.
    Retrieved from: https://www.ncsl.org/research/financial-services-and-commerce/medical-liability-malpractice-merit-affidavits-and-expert-witnesses.aspx
  3. 1965 statutes of Nevada, index. (n.d.). Nevada Legislature.
    Retrieved from: https://www.leg.state.nv.us/Statutes/53rd/Stats1965R999.html
View All References
Page Written by Robert Wharton, Esquire

Page Written by Robert Wharton, Esquire

Robert Wharton is an experienced cerebral palsy and birth injury attorney. His law firm handles medical malpractice cases throughout the United States. He has been selected multiple times as a “Super Lawyers – Rising Star”, and was honored as a “Top 40 Under 40” lawyer by the National Trial Lawyers Association.

See Full Bio

Primary Sidebar

Get Matched with a Leading Birth InjuryCerebral Palsy Attorney in Your Area

Get Help Now
Cerebral Palsy
Cerebral Palsy in Newborns
Cerebral Palsy in Toddlers
Severe Cerebral Palsy
Types of Cerebral Palsy
Ataxic
Atonic (Hypotonic)
Dyskinetic Athetoid
Dystonic
Hypertonic
Mixed
Non-Spastic
Spastic
Spastic Diplegia
Spastic Hemiplegia
Spastic Quadriplegia
Cerebral Palsy Symptoms
How Cerebral Palsy Affects the Brain and Body Parts
Cerebral Palsy Causes
Birth Asphyxia
Prolonged Labor
Delayed C-Section
Forceps Delivery Injuries
Vacuum Extractor Injuries
Nuchal Cord Birth Injuries
Uterine Rupture and Birth Injury
Hypoxic Ischemic Encephalopathy (HIE)
Intraventricular Hemorrhage (IVH)
Failure to Diagnose
Chorioamnionitis
Improper NICU Care
Traumatic Brain Injury
Meconium Aspiration Syndrome
Hydrocephalus
Pitocin Errors
Anesthesia Errors
Infertility Drugs
Cerebral Dysgenesis and Cerebral Palsy
Jaundice
Periventricular Leukomalacia (PVL)
Placental Problems
Epidural Hematoma
Perinatal Stroke
Acquired Brain Injuries and Cerebral Palsy
Cerebral Palsy Associated Disorders
Mobility Issues
Pain
Cognitive Issues
Developmental Delays
Cerebral Palsy and Post-Impairment Syndrome
Seizures
Epilepsy
Malnutrition
Respiratory Health
Hearing Problems
Vision Impairment
Arthritis
Depression
Sleep Issues
Dysphagia
Oral Health Issues
Skin Conditions
Digestive Issues and Health
Emotional Issues
Behavioral Disorders
Autism
Down Syndrome
ADHD
Diabetes
Cerebral Palsy Diagnosis
Imaging Tests
Cerebral Palsy Prognosis
Cerebral Palsy Gross Motor Classification System
Cerebral Palsy Treatment
Cerebral Palsy Specialists
Nutrition Therapy
Chiropractic Care
Hyperbaric Oxygen Therapy
Medications
Seizure Medications
Anticonvulsants
Muscle Relaxants
Stem Cell Therapy
Surgery
Aquatic Therapy
Acupuncture Therapy
Botox Treatment
Hippotherapy
Occupational Therapy
Speech Therapy
Massage Therapy
Physical Therapy
Homeopathy
Yoga
Pilates
Intensive Suit Therapy
Medical Marijuana
Functional Electrical Stimulation
Osteopathic Manipulation
Anat Baniel Method and NeuroMovement
Pet Therapy
Cerebral Palsy Cure
Cerebral Palsy Life Expectancy
Cerebral Palsy Risk Factors
High-Risk Pregnancy
Risk Factor Causal Pathways
Premature Birth
Birth Complications
Post-term Pregnancy
Intrauterine Growth Restriction
Maternal and Fetal Infections
Blood Type Incompatibility
Multiple Births
Parental Habits and Health
Cerebral Palsy Support Groups and Organizations
Cerebral Palsy Research
Cerebral Palsy History
Facts and Statistics
Prevalence and Incidence
Cerebral Palsy Myths
Cerebral Palsy Prevention
Cerebral Palsy Misdiagnosis
United Cerebral Palsy Association
Living With Cerebral Palsy
Costs
Orthopedic Health
Neurological Health
Daily Communication
Physical Fitness
Abuse
Toilet Training Tips
Eating and Feeding Tips
Wheelchairs and Scooters
Wheelchair-accessible Vans
Walkers, Canes, and Standers
Adaptive Bikes
Affordable Transportation
Assistive Technology
Falling Issues
Home Modifications
Augmentative and Alternative Communication (AAC)
Conductive Education
Tips For Better Sleeping
Traveling Tips
Sports
Bullying
Inclusive Playgrounds
Respite Care
Faith
Engaging in the Arts
Transitioning to Adulthood
LGBT
Vocational Counseling
College Guide
Teacher Tips for Inclusive Classrooms
Finding a Job
Having Children
Veterans
Fostering or Adopting a Child with CP
Enjoying the Great Outdoors
Emergency Preparedness
Financial Assistance
Government Assistance
Title V MCH Benefits
Special Education Assistance
Cerebral Palsy Lawyer
Alabama
Huntsville
Alaska
Anchorage
Arizona
Phoenix
Arkansas
Little Rock
California
Los Angeles
Colorado
Denver
Connecticut
Bridgeport
Delaware
Wilmington
Florida
Jacksonville
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Indiana
Indianapolis
Iowa
Des Moines
Kansas
Wichita
Kentucky
Louisville
Louisiana
New Orleans
Maine
Portland, Maine
Maryland
Baltimore
Massachusetts
Boston
Michigan
Detroit
Minnesota
Minneapolis
Mississippi
Jackson
Missouri
Kansas City
Montana
Billings
Nebraska
Omaha
Nevada
Las Vegas
New Hampshire
Manchester
New Jersey
Newark
New Mexico
Albuquerque
New York
New York City
North Carolina
Charlotte
North Dakota
Fargo
Ohio
Columbus
Oklahoma
Oklahoma City
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Columbia
South Dakota
Sioux Falls
Tennessee
Nashville
Texas
Houston
Utah
Salt Lake City
Vermont
Burlington
Virginia
Virginia Beach
Washington
Seattle
West Virginia
Charleston
Wisconsin
Milwaukee
Wyoming
Cheyenne
Medical Malpractice
Claim for Compensation
Lawsuit
Settlement
Statute of Limitations
Life Care Plan
Goals
Evaluation
Diagnosis
Care Team
Record Keeping and Documents
Birth Injury
Treatment
Causes
Failure to Monitor
Symptoms
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Skull Fracture
Treatment
Symptoms
Causes
Prognosis
Lawyer
Settlement
Lawsuit
Claim for Compensation
Infant Brain Damage
Prognosis
Symptoms
Causes
Treatment
Lawyer
Lawsuit
Claim for Compensation
Settlement
Infant Wrongful Death
Causes
Intrauterine Fetal Demise (Stillbirth)
Claim for Compensation
Lawyer
Settlement
Lawsuit
Grieving the Loss of a Baby
Erb’s Palsy
Symptoms
Prognosis
Treatment
Causes
Lawyer
Settlement
Lawsuit
Claim for Compensation
Brachial Plexus Injury
Causes
Prognosis
Symptoms
Treatment
Lawyer
Lawsuit
Settlement
Claim for Compensation
Klumpke’s Palsy
Lawyer
Lawsuit

© 2023 CerebralPalsyGuidance.com · Privacy Policy · Disclaimer

The information provided by CerebralPalsyGuidance.com is not a substitute for professional medical advice, diagnosis, or treatment.

  • Cerebral Palsy
  • Living With Cerebral Palsy
  • Financial Assistance
  • Our Blog
  • About Us
  • Contact Us
210 W. Division St. Syracuse, NY 13204

We provide nationwide assistance

Facebook Twitter
Learn About Our Editorial Guidelines