FAQ

When someone is the victim of a life-threatening accident, there is no time for the hospital to check on whether they have the health insurance coverage required for the care they need. Most hospitals in Nevada are required to provide treatment to anyone in need of emergency medical attention. So, what happens if someone receives medical care they cannot pay for on their own? In Nevada and throughout the United States, these types of debts are typically resolved through medical liens.

What Is a Hospital Lien?

Hospital liens are designed to allow hospitals that provide emergency care to uninsured patients to claim a portion of any legal award that the patient might receive for the accident. Specifically, Nevada Revised Statute 108.590 states that “[w]henever any person receives hospitalization on account of any injury, and the injured person, or a personal representative after the person’s death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or the personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due to the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise.”

Hospital liens are attached to a personal injury claim, giving the hospital the ability to claim “the reasonable value” of their treatment from any settlement or verdict recovered from the negligent party or their insurance company. Hospital liens are typically sent as a notice to the person who received treatment. 

Liens may attach to the following claims:

• Court judgments
• Insurance settlements
• Federal Longshore and Harbor Workers’ Act claims
• Federal Employees Liability Act claims

Hospital Lien Limits

While other states provide significant additional limits on hospital liens, Nevada places fewer limits on hospitals. The few relevant limits on hospitals are as follows: First, hospitals may only recover the reasonable value of their services in Nevada. Second, if a patient is eligible for Medicare, Medicaid, etc., hospitals are limited to recovering 55% of the charges billed.

Liens are only valid if they are done in the following way:

To perfect a lien in Nevada under Nevada Revised Statute § 108.590, the hospital must

(1) Send a notice of intent to file a lien under § 108.605(1) and comply with § 108.605(2) if there is a health insurance policy.

(2) Record notice of lien in the form prescribed by § 108.620 and filed with the county recorder where the hospital is located and the county recorder where the injury was suffered.

(3) Serve a certified copy of the notice of lien by registered or certified mail on the tortfeasor before any third-party settlement is paid.

(4) Serve a copy of the notice of lien by registered or certified mail on the third-party insurance carrier for the tortfeasor.

If the rules listed above are not followed, it may be possible to invalidate a lien.

Why Could Liens Be Difficult to Resolve

Liens can be challenging to resolve because hospitals can make more money off a lien on a personal injury claim than if they went through a person’s health insurance. So, the other party’s insurance may refuse to pay a settlement until a lien is taken care of by the claimant. Claimants who need a settlement often think that they must accept losing most of it to a hospital lien. However, this is not always the case with the help of an experienced personal injury lawyer.

Sometimes, the size of a lien may be reduced through negotiation by your lawyer. At Cohan PLLC, we’ve earned a reputation for standing up to some of the largest companies and entities in the world. We’ll never settle for less than our clients deserve and won’t hesitate to hold all at-fault parties accountable while making sure you can get the medical care you need.

Have You Been Injured? Our Law Firm Can Help.

If you were involved in a car accident, you should learn about your options. Suffering an injury at the hands of someone else is a profoundly disorienting experience. Many of our clients come to us because they simply don't know what to do next. What kind of claims do they need to file? What do they do to get medical care for their loved ones, or how do they afford a funeral in the wake of a wrongful death? Most of our clients ask an even more straightforward question: "with all my medical expenses, how do I provide for my family?"

Regardless of your situation, you are bound to have countless questions. Cohan PLLC will help you get answers. To help you find your feet during this difficult time, we have compiled some of the most commonly asked questions and provided general answers. For specific answers about your case, review your legal options with us in a free consultation.

When a healthcare professional fails to treat you or your family with reasonable care, it can be a matter of life and death for you and your family. Certain professions carry ethical obligations and a duty of care. One example that is close to home is lawyers. Lawyers have a "special responsibility for the quality of justice," so various rules govern a lawyer's conduct.

Medical professionals have a similar responsibility to their patients. The American Medical Association has outlined these duties in its Code of Medical Ethics. In Nevada, medical malpractice is also referred to as professional negligence and simply means that the healthcare provider failed to use the reasonable care, skill, or knowledge that a similar medical provider would have ordinarily exercised in similar circumstances.

Nevada law defines a provider of health care as any of the following: a "physician, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians' professional corporation or group practice that employs any such person and its employees." 

It's serious when a doctor, surgeon, dentist, nurse, pharmacist, or hospital employee fails to meet their professional obligations. These mistakes may cause injury, long-lasting harm, or death and may be instances of medical malpractice. To prove your case, you will need a medical malpractice attorney with a history of success. 

The lawyers at Cohan PLLC have a reputation for aggressively pursuing cases for our clients. Contact us as soon as possible to get all your questions answered. Below, we discuss some of our most frequently asked questions.

Nevada Medical Malpractice Law

Medical malpractice in Nevada is defined as "the failure of a physician, hospital, or employee of a hospital, in rendering services, to use the reasonable care, skill, or knowledge ordinarily used under similar circumstances." The burden of proving this is on the injured party. Therefore, you need an experienced personal injury lawyer. If you or a loved one has been hurt in a medical setting, your priorities should be getting proper treatment, not worrying about legal matters. Hiring a medical malpractice attorney takes the legal burden off your shoulders and places it into capable hands. Contact Cohan PLLC at (702) 623-3579 today to discuss your unique circumstances.

What is the Statute of Limitations for a Nevada Medical Malpractice Claim?

In Nevada, the statute of limitations on a medical malpractice claim is one year from the date the patient discovered or should have discovered the injury, or three years from the date the health care provider inflicted the injury, whichever is sooner.

To calculate the statute of limitations deadline, you need to determine the date you first noticed you were injured by the medical provider, look at a calendar, and add 365 days to that date. That date is the deadline by which you must file your case. If the injury was not noticeable at the time of treatment, you might be able to claim a longer period. However, if possible, it is always advisable to follow the shorter period.

Tort Reform and the Nevada Medical Malpractice Cap

Nevada law limits the amount of financial compensation you can receive for "non-economic damages" in a medical malpractice claim. “Non-economic damages” refers to compensation for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. However, it is important to note this does not mean that you can only receive $350,000 in compensation for your medical malpractice lawsuit. Depending on your case, you may be eligible for millions of dollars in financial compensation for economic damages like past and future medical bills and loss of income.

How Much Does Hiring a Lawyer Cost?

Cohan PLLC works on a contingency fee and we pay all the litigation expenses upfront.  This means that you pay nothing unless we win your case. If we do not win your case, we eat our expenses, and you pay nothing.  In most personal injury cases, if we win, in addition to our costs being reimbursed out of the proceeds, our attorney’s fee is 33.33% if we settle before filing a lawsuit, 40% if we file a lawsuit, and 45% if the case goes up on appeal. However, in Nevada, attorneys’ fees are capped in medical malpractice cases, as follows: (1) Forty percent of the first $50,000 recovered; (2) Thirty-three and one-third percent of the next $50,000 recovered; (3) Twenty-five percent of the next $500,000 recovered; and (4) Fifteen percent of the amount of recovery that exceeds $600,000.

 Contact a Las Vegas personal injury lawyer at Cohan PLLC today for a 100% free consultation.

Have You Been Injured? We Can Help.

Suffering an injury at the hands of someone else is a profoundly disorienting experience. Many of our clients come to us because they simply don't know what to do next. What kind of claims do they need to file? What do they do to get medical care for their loved ones, or how do they afford a funeral in the wake of a wrongful death? Most of our clients ask an even more straightforward question: "with all my medical expenses, how do I provide for my family?"

Regardless of your situation, you are bound to have countless questions. Cohan PLLC will help you get answers. To help you find your feet during this difficult time, we have compiled some of the most commonly asked questions and provided general answers. For specific answers about your case, review your legal options with us in a free consultation.