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.
Recommended Citation
Provan, Alexander, "Monk v. Ching, M.D., 139 Nev. Adv. Op. 18 (Jul. 6, 2023)" (2023). Nevada Supreme Court Summaries. 1582.
https://scholars.law.unlv.edu/nvscs/1582
