Jack G. Bernstein, Las Vegas medical malpractice trial lawyer
$500M+
Recovered
Jack G. Bernstein, Esq.
Personal Injury Lawyer

Las Vegas Medical Malpractice Attorneys

Need a Las Vegas medical malpractice lawyer?

Medical malpractice cases can be disconcerting and distressing. As a victim, you are not just dealing with physical pain and trauma, but also the mental anguish of betrayal by a healthcare provider you trusted.

No fee unless we win
Available 24 hours a day
National Top 100 Trial Lawyer
Injured in an accident?

Jack’s Got Your Back

Las Vegas Medical Malpractice Lawyers

This, compounded with the uncertainty of what the future holds, can be overwhelming. At Jack Bernstein Injury Lawyers, we deeply understand your position. Located here in Las Vegas our personal injury lawyers have dedicated our practice to helping victims from damages like medical malpractice, guiding them through their legal journey with compassion and expertise.

$500M+
Recovered for Clients
50,000+
Cases Handled
40+
Years of Experience
National Trial Lawyers Top 100
Jack G. Bernstein Esq. Las Vegas Personal Injury Lawyer NV Bar#9971
Best of the Bar award
Jack Bernstein, Injury Lawyers, PLLC A+ BBB Accreditation & Rating
Avvo rated attorney
Google 5-star reviews

Find out what your case is worth

Free, confidential evaluation in as little as 5 minutes. Contact us today to speak to Jack personally.

  • You pay nothing until we win
  • Get an immediate call back. 24/7
  • We do not sell or share your information
Available 24/7. Or call (702) 633-3333
The record

Over $500 Million in Verdicts & Settlements

Jack Bernstein stays personally involved in the cases his firm handles. We will investigate your claim and pursue any compensation that may be available under the facts and the law.

$2,250,000Medical malpractice injury resulting in paralysis
$2,000,000Medical malpractice injury resulting in paralysis
$2,000,000Medical malpractice resulting in a brain injury
$9,000,000Auto accident injury resulting in neck injury
$7,900,000Car accident resulting in wrongful death
$3,000,000Truck accident injury resulting in neck injuries

*Jack Bernstein has worked on the above cases during his career at this firm or another firm. Past results do not guarantee, warrant, or predict future cases.

See Case Results

Why hire Jack Bernstein Injury Lawyers?

Jack G. Bernstein, Esq. has been protecting the rights of injured victims and their families for over 40 years.

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What our clients say

Jack Bernstein is a lawyer you can count on to represent you if you’ve been injured. He knows the law and the medical issues and uses that knowledge to achieve great results. Also, he has fantastic people supporting him in his office. If you have a question or concern, someone is always available to help. If you’re in need of a personal injury attorney, Jack is the guy to hire.

Steven B.
  • $500 million+ recovered

    More than 40 years of verdicts and settlements for injured people and their families. Past results do not guarantee your outcome.

  • Jack is personally involved

    You are not a case number. Jack stays involved in your case, and you will always know who is handling it.

  • We know how insurance companies work

    Nevada requires a medical expert to support a malpractice claim from the start. We build your case to that standard.

  • Experts who strengthen your case

    Doctors in the same specialty who review your records and show where the care fell short.

  • No fee unless we win

    No upfront cost. We advance the expenses of your case, and you pay no attorney fee unless we win.

  • Free consultation, day or night

    Call any time, 24 hours a day. Tell us what happened and you will get an honest answer about your case.

Understanding medical malpractice

Medical malpractice occurs when a patient is harmed due to the negligence of a healthcare provider. It can happen when a doctor, nurse, or other healthcare professional makes a mistake in diagnosis, treatment, or health management, which leads to unnecessary harm to the patient. However, not every mistake constitutes malpractice. Three things generally have to be shown, and they are not the whole of what the case needs:

Violation of standard of care

Medical professionals are required to follow established protocols and procedures in their field. This is referred to as the “standard of care.” If a healthcare provider deviates from this standard, it may be considered negligence.

An injury resulting from negligence

For a claim to be valid, it’s not enough to prove negligence. You must also prove that the negligence directly caused an injury.

Losses caused by the injury

You need to be able to show what the injury cost you, such as additional treatment, lasting physical harm, or lost income. The size of those losses affects what a case is worth and what it takes to pursue, so ask us before you decide yours is too small to bring.

Nevada adds two requirements that decide many of these cases before the facts are argued. A professional negligence action filed in district court must come with a supporting affidavit from a medical expert who practices, or has practiced, in a substantially similar area, identifying each provider alleged to be negligent and setting out the specific acts alleged; without that affidavit the court must dismiss the action, without prejudice (NRS 41A.071). And liability is not imposed on a health care provider unless expert medical testimony, recognized medical texts or treatises, or the facility’s own regulations are presented to show the deviation from the accepted standard of care and to prove causation, except in a short list of circumstances the statute treats differently, such as a foreign object left in the body after surgery or a procedure performed on the wrong patient or the wrong part of the body (NRS 41A.100). This is why these claims start with a records review by a qualified expert.

Each medical malpractice case is unique, presenting its own challenges. Malpractice also runs on its own filing deadline rather than the two-year rule that applies to most other Las Vegas personal injury claims, so check which date governs your case before assuming you have time. That’s why understanding these fundamental aspects of medical malpractice is crucial as you consider pursuing a case. In this guide, we’ll discuss common types of medical malpractice, steps to take if you suspect you’re a victim, and how to seek competent legal help right here in Las Vegas. With the team at Jack Bernstein Injury Lawyers at your side, you’re not alone in this daunting journey.

Common causes and types of medical malpractice

When we talk about medical malpractice, it’s not restricted to one form of error. There are several types of medical negligence, each carrying its own set of complexities. Harm that comes from deliberate misconduct rather than a mistake, such as sexual abuse by a doctor or another medical professional, is handled as a separate kind of claim. Some of the most common forms of medical malpractice include:

Misdiagnosis or delayed diagnosis

When a healthcare professional fails to diagnose a patient’s condition accurately and promptly, it can lead to incorrect or delayed treatment, causing further harm or even life-threatening situations.

Surgical errors

These are mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unnecessary damage to surrounding tissues.

Medication errors

This can occur when a healthcare professional administers the wrong medication, prescribes an incorrect dosage, or fails to consider harmful drug interactions.

Childbirth injuries

Negligence during prenatal care or delivery can result in significant harm to both the mother and the child.

Anesthesia errors

Mistakes with anesthesia can be extremely dangerous, leading to permanent injury, brain damage, or even death.

Failure to treat

This occurs when a doctor fails to recommend necessary treatment after diagnosis, often due to a rushed attempt to discharge patients or overlook their symptoms.

Experiencing any of these can be distressing, but it’s important to remember that there are legal steps you can take to seek compensation for your suffering and loss.

Action steps for victims

If you suspect you’ve been a victim of medical malpractice, taking timely action can make all the difference. Here are some crucial steps you can follow:

Get a second medical opinion

Seek advice from another medical professional to understand your condition and determine if your current or previous treatment was appropriate.

Document your experience

Make detailed notes of your medical visits, treatment plans, and any adverse effects you’ve experienced.

Gather medical records

Collect all relevant medical records, including diagnosis reports, treatment details, prescription records, and hospital bills.

Preserve evidence

If there are tangible elements involved, such as incorrect medication packaging or harmful medical devices, keep them safe as they could be critical pieces of evidence.

Contact a reputable medical malpractice lawyer

Legal intricacies can make it difficult to prove a malpractice case. A qualified attorney, like those at Jack Bernstein Injury Lawyers, can guide you through the process, providing necessary legal counsel.

Each situation is unique and might require different or additional steps. That’s why having the right legal advice is invaluable during these challenging times.

If you are not sure it was malpractice

Many people call unsure whether what happened was a bad outcome or a mistake. That is what the call is for. Tell Jack what happened and what you were told, and he will tell you honestly whether it is a case worth bringing.

Free consultation · No fee unless we win · Available 24/7

Steps when seeking compensation for medical malpractice

If you believe you have been a victim of medical malpractice, the path to compensation involves several critical steps. At Jack Bernstein Injury Lawyers, we guide you through each one:

Establishing medical malpractice: We must prove that a healthcare provider’s negligence caused your injury or worsened condition. This involves reviewing your medical records, consulting with medical experts, and gathering supporting evidence.

Calculating damages: We work with you to assess all damages, medical expenses, lost income, ongoing treatment needs, and non-economic damages like pain and suffering or emotional distress.

Filing a claim: Our team drafts and files a detailed claim against the negligent healthcare provider or facility, clearly stating the wrongdoing and the compensation sought.

Negotiating a settlement: We aggressively negotiate with the insurance company or legal team and press for a settlement that reflects the losses we can document.

Taking the case to trial: If a fair settlement is not reached, we are fully prepared to litigate your case in court. Our trial team has a strong record of securing results for clients.

At Jack Bernstein Injury Lawyers, we understand how deeply medical negligence can affect your life, and we will investigate your claim and pursue any compensation that may be available under the facts and the law.

Medical malpractice case FAQs

Have questions about your case?

Every medical malpractice case is different. These answers cover the general rules; what applies to you depends on the facts.

Call us any time, 24 hours a day, and we will go through the specifics with you. It is free, and there is no obligation.

(702) 633-3333 Free consultation · Available 24/7 Or send us the details online
Is my doctor automatically at fault if a procedure went wrong or didn’t yield the desired results?

No, a negative outcome does not automatically signify medical malpractice. Medicine is an inherently risky field and not all treatments or procedures guarantee success. To have a medical malpractice case, you need to prove that the healthcare provider deviated from the standard of care in their field.

What if my doctor failed to get my consent for a procedure?

Medical professionals are legally required to obtain your informed consent before proceeding with a procedure, barring emergency situations. If a doctor failed to do so, it might constitute medical malpractice, especially if you suffered harm as a result.

How do I request my medical records?

You have a legal right to obtain a copy of your medical records. Usually, this process involves contacting your healthcare provider’s records department and filing a formal request, sometimes accompanied by a small fee.

How Long Do You Have to File a Medical Malpractice Lawsuit in Nevada?

In Nevada, a medical malpractice claim runs on its own deadline under NRS 41A.097, not the general personal injury statute. For an injury or death occurring on or after October 1, 2023, the lawsuit generally may not be commenced more than three years after the date of injury or two years after you discover, or through reasonable diligence should have discovered, the injury, whichever occurs first. For an injury occurring between October 1, 2002 and September 30, 2023, the discovery period was one year rather than two. The limit is tolled for any period the provider concealed an act, error or omission the claim is based on that the provider knew or reasonably should have known of, and other exceptions apply, so it’s essential to consult with an attorney immediately to understand your specific timeline.

What Is Considered Medical Malpractice in Nevada?

Medical malpractice in Nevada is when a healthcare provider’s negligence causes injury or harm to a patient. This might include errors in diagnosis, treatment, aftercare, or management of a health condition.

Can You Sue a Doctor for Medical Malpractice in Nevada?

Yes, you can sue a doctor for medical malpractice in Nevada. Moreover, other healthcare providers, such as nurses, anesthesiologists, physical therapists, and surgeons, can also be held accountable if their negligence caused harm.

What are the potential damages I can recover in a medical malpractice lawsuit?

In a successful medical malpractice lawsuit, you may be able to recover damages for medical expenses, lost wages, and pain and suffering. Punitive damages are possible as well, but only where clear and convincing evidence shows the provider acted with oppression, fraud or malice, and unless an exception in the statute or another specific statute applies, NRS 42.005 limits such an award to three times the compensatory damages, or $300,000 if those are under $100,000.

What role does Jack Bernstein Injury Lawyers play in a medical malpractice lawsuit?

Jack Bernstein Injury Lawyers guide you through every step of your case, from collecting evidence and filing paperwork, to negotiation or trial. We work tirelessly to ensure your rights are protected and that every category of compensation available to you is pursued.

How does Jack Bernstein Injury Lawyers get paid?

At Jack Bernstein Injury Lawyers, we operate on a contingency fee basis. This means you owe us nothing unless we win your case. Our fees come from a portion of the settlement or judgment received.

How long does a medical malpractice lawsuit typically take?

The length of a medical malpractice lawsuit varies widely depending on many factors, including the complexity of the case, the parties involved, and the court’s schedule. It can range from several months to several years.

Testimonials

What Our Clients Say

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5.0 · 400+

Testimonial 1 of 6

“First off let me say that I am very grateful for Vanessa Dan and Jack Bernstein from Jack Bernstein Injury lawyers they were amazing at helping me go through a tough time in my life when I got injured they helped me get a great settlement and helped me receive great care by sending me to awesome profesional teams where I was able to start my recovery to getting back to my normal lifestyle very satisfied with my experience and recommend them to anybody looking for justice in any injuries they have.”
Linda June 26th, 2026
“I highly recommend Jack and his team. They thoroughly take care of you, explain every step of the process, and ensure they fight tooth and nail to get you what you deserve. Dan assisted with the initial intake, Erika kept me updated, and Jack was available any time we had any questions. Thank you all for your diligence on my case!”
Crystal Hollibaugh Las Vegas, NV · May 16th, 2025
“From day one, I trusted Jack and felt safe. Jack Bernstein is caring, understanding and compassionate. He is everything that I was looking for in a lawyer. Jack and my paralegal Zully were fully committed to my case, and Jack’s expertise and negotiation skills led to a fantastic settlement that far exceeded my expectations. They kept me informed every step of the way. This is the law firm you want in your corner! Jack Bernstein is the way to go!!!”
Lesly Flores March 30th, 2025
“Jack and his staff helped me through my recovery. I didn’t have to worry about anything but healing. They kept me updated on my case and fought for me. Jack has my back and he will have yours too.”
Santana Hargrove Las Vegas, NV · July 16th, 2025
“I had a great experience with Jack Bernstein Injury Lawyers, and I’m especially grateful for the exceptional care and support I received from Erika. From the very beginning, Erika made sure I felt heard and supported. She checked in on me regularly throughout the process, keeping me updated and making sure I understood everything every step of the way. No question was too small she answered all of mine with patience and clarity. Her compassion and professionalism truly made a difficult time much easier. Thank you to everyone at the office!”
Alex Hernandez Las Vegas, NV · May 12th, 2025
“If any one is looking for a lawyer look no more and go to Jack Bernstein injury lawyers. They handled everything for me in little to a few months. They were very helpful and answered any questions that i had. The staff are very friendly. Definitely recommend them and would come back to them in a heartbeat if needed. Thank you Jack Bernstein Injury Lawyers and Team!”
Maria Andrade July 12th, 2024

Contact us for a free consultation

If you have been a victim of medical malpractice, contact Jack Bernstein Injury Lawyers for a free, no obligation consultation with experienced Las Vegas malpractice lawyers. You will gain an advocate for every stage in the claims process until your claim is resolved. Jack Bernstein Injury Lawyers is available to help you handle your medical malpractice claim in the Las Vegas metropolitan area and beyond. Jack Bernstein and his team can offer you personalized service and legal representation after a malpractice incident.

Call us at (702) 633-3333 or contact us today for a free consultation to discuss your case.

Find out what your case is worth

Free, confidential evaluation in as little as 5 minutes. Contact us today to speak to Jack personally.

Available 24/7. Or call (702) 633-3333

Visit our office

Our Law Firm Location

Open 24 hours, 7 days a week

Jack Bernstein Injury Lawyers is conveniently located in southeast Las Vegas, on the Longford Plaza near the Warm Springs Road and Eastern Avenue corridor. Our office is located just east of the I-215 beltway, on the edge of Henderson, making it easily accessible from across the Las Vegas and Clark County area.

Injured and recovering at home or in the hospital? We will come to you. Call (702) 633-3333

We serve clients across the Las Vegas metropolitan area, including Henderson, Summerlin, North Las Vegas, the Las Vegas Strip, Downtown Las Vegas, Spring Valley, Paradise, and Enterprise, along with Pahrump and Boulder City.