Document Type
Case Summary
Publication Date
4-2020
Recommended Citation
Taitel, Alexis, "Cummings v. Barber, 136 Nev. Adv. Op. 18 (April 2, 2020)" (2020). Nevada Supreme Court Summaries. 1294.
https://scholars.law.unlv.edu/nvscs/1294
Comments
In an opinion drafted by Justice Cadish, the Nevada Supreme Court considered whether a res ipsa loquitur statute, NRS 41A.100(1)(a), applies where a surgeon fails to remove a foreign object that was implanted and left inside a patient’s body during a previous surgery. The Court concluded that the statute can apply in cases where the sole purpose of the surgery at-issue is to remove medical devices and hardware implanted during a previous surgery.