The Court applied the common knowledge exception to the expert affidavit requirement for an ordinary negligence claim that appeared to sound in professional negligence. The Court determined that a claim predicated upon ordinary negligence—such that a lay juror would not require medical expert testimony to evaluate—is excused from NRS 41A.071’s medical expert affidavit requirement. Here, an act such as administering medicine to the wrong patient is ordinary negligence rather than professional negligence.
The Court affirmed the expert testimony requirement for allegations that challenged the health care provider’s medical judgment. Here, allegations of failing to monitor a patient sounded in professional negligence and required expert testimony to evaluate. Therefore, this allegation was not excused from the medical expert affidavit requirement.
Mann, Allison, "Est. of Curtis v. S. Las Vegas Med. Inv’rs, 136 Nev. Adv. Op. 39 (July 9, 2020)" (2020). Nevada Supreme Court Summaries. 1338.