Laura Lomeli

Document Type

Case Summary

Publication Date


Case Synopsis

The Nevada Court of Appeals held that the district court failed to dismiss Plaintiff’s complaint for professional negligence and wrongful death because the claims were untimely under NRS 41A.097(2) since they were filed two years and ten months from date on which real party in interest received the relevant medical records. The Court highlighted the lack of dispute surrounding the receipt of the medical records—noting that an only an impediment such as concealment of records would prevent inquiry notice tolling to begin, which was not the case here. The Court noted that receipt of all relevant records will constitute inquiry notice unless an impediment existed that prevented the Plaintiff from commencing an action, such as concealment of medical records.