Thursday, April 14, 2022 - J. Hardesty, J. Stiglich, J. Herndon

Ventura vs. Ganser, M.D.
Docket Number: 81850
Las Vegas (via videoconference)  - 2:00 pm - J. Hardesty, J. Stiglich, J. Herndon

This is an appeal from a district court order dismissing a medical malpractice complaint for failure to attach a medical expert affidavit.  Appellant filed suit alleging that respondent, a surgeon, left a foreign object in him during a previous surgery and that the surgeon’s medical practice negligently supervised him during that surgery.  The district court found that appellant could not rely on Nevada’s statutory res ipsa loquitur exception to the affidavit requirement and dismissed the case without prejudice and without leave to amend.

ISSUES:

The issues on appeal are: (1) whether the district court applied the correct standard when resolving the motion to dismiss; (2) whether the district court erred when it found appellant could not rely on NRS 41A.100’s res ipsa loquitur exception to the expert affidavit requirement; and (3) whether the district court abused its discretion by dismissing the complaint without leave to amend.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court.  It is not intended to be all-inclusive or reflect all positions of the parties.  To access the documents that have been filed in this matter, type the docket number into the court’s case search page: https://caseinfo.nvsupremecourt.us/public/caseSearch.do