Kendrea Roby

Document Type

Case Summary

Publication Date

3-14-2024

Case Synopsis

The Supreme Court of Nevada consolidated appeals from a district court judgment pursuant to a jury verdict and orders awarding attorney fees and costs in a medical malpractice action. The lawsuit was on behalf of LaQuinta Whitley-Murray who passed away at Valley Health System operating as Centennial Hills Hospital Medical Center. Murray’s estate and heirs filed a negligence action and argued a breach of fiduciary duty. The district court upheld the jury’s award to Murray of $48 million in compensatory and punitive damages. The district court declined to apply NRS Chapter 41A’s statutory caps on damages in professional negligence actions. The Supreme Court of Nevada affirmed in part, reversed in part, vacated in part, and remanded. The Court also clarified that hospitals do not owe a fiduciary duty to their patients in connection with medical treatment. Accordingly, the Court vacated the compensatory damages and remanded to the district court to apply the damages cap to the noneconomic damages while also reducing the economic and noneconomic damages to the 65-percent pro rata share. The Court also vacated the prejudgment interest award and remanded so that the award is solely based on past damages and not future. Lastly, the Court decided that the attorney fees and costs and expert fees were within the district court’s discretion.

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