March 21, 2023, Oral Arguments
Monk vs. Ching, Medical Doctor
Monk vs. Ching, Medical Doctor
Docket No. 82898
Las Vegas – 9:00 a.m. – Cadish/Pickering/Bell
This appeal challenges a district court order dismissing a professional negligence action. Appellant sued the respondent doctors for professional negligence alleging they left gauze in the decedent following a surgery. Appellant supported the professional negligence claims with an NRS 41A.071 affidavit by a nurse. After a hearing, the district court granted respondents’ motion to dismiss, concluding as a matter of law that the nurse did not practice in an area substantially similar to the type of practice respondents engaged in at the time of the alleged professional negligence. The primary issues on appeal are whether: (1) the district court erred by finding that the nurse’s affidavit was insufficient as a matter of law under NRS 41A.071(2), and (2) the complaint implicates the res ipsa loquitur exception to NRS 41A.071’s affidavit requirement.