Document Type

Case Summary

Publication Date

9-10-2023

Case Synopsis

NRS 41A.071 provides that any action for professional negligence shall be dismissed if it is filed without an affidavit which supports the allegations. A Nurse is not categorically barred from providing an affidavit for a professional negligence action against a physician. But the affidavit must specify the acts of negligence of each respondent and how each action breached a standard of care to a reasonable degree of medical certainty.

Moreover, NRS 41A.100 provides an exception to the affidavit requirement when foreign objects are left in a body during surgery. Gauze which are left in a wound as part of post- operative care are not foreign objects left during surgery for the purposes of the statute.

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