Javiera Sothers

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Case Synopsis

The Nevada Court of Appeals determined that the accrual date of a professional negligence action’s statute of limitations is ordinarily determined as a matter of fact. However, if there is irrefutable evidence of such a date, a court can determine it as a matter of law. The Court also held that a wrongful death claim is sufficiently alleged if it alleges that (1) the defendant’s wrongful act or neglect caused the wrongful death and (2) the person bringing the claim is the heir or the personal representative of the decedent. Next, the Court determined that NRS 41A.071 does not require an affidavit of merit to opine as to legal or proximate causation. Finally, the Court concluded that a professional negligence claim against a provider falls under NRS 41A if the claim alleges negligence on behalf of its staff.