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70836 ANDREW VS. COSTER

Date: Tuesday, September 19, 2017 1:30 PM
Duration: 00:30:00 hour(s)

Location: LAS VEGAS

Details/Synopsis:

 

Appellant is an inmate undergoing treatment for prostate cancer. He filed a complaint alleging medical malpractice for injuries he suffered when a catheter was removed. Appellant was unable to obtain and produce an expert affidavit supporting his allegations as required by NRS 41A.071 from NDOC medical professionals and sought a waiver of that requirement.  Respondents moved to dismiss the complaint for failure to provide the affidavit, and the district court granted the motion.  ISSUES: (1) Whether NRS 41A.071 violates the equal protection clause of the US and Nevada Constitutions with respect to inmates,  and (2) whether dismissal was improper because appellant’s claim was based on res ipsa loquitur and he alleged a deliberate indifference claim.