Document Type
Case Summary
Publication Date
4-25-2024
Case Synopsis
The Nevada Supreme Court determined when a patient is on inquiry notice as to their legal injury and if the patient’s degree of diligence is diminished while undergoing treatment from the negligent physician. A patient discovers their injury when they recognize the damage suffered and understand the health care provider negligent cause their injury. It found that a patient has a reduced degree of diligence to discover the harm while under the physician’s care, particularly if the physician reassures the patient that they will improve. This left genuine, factual disputes as to when Appellant should have known of the Defendant’s negligence, which is a question for the jury or trier of fact to decide.
Recommended Citation
Cunnington, Megan, "Boman v. Elkanich, 140 Nev. Adv. Op. 21 (Apr. 25, 2024)" (2024). Nevada Supreme Court Summaries. 1688.
https://scholars.law.unlv.edu/nvscs/1688