Perez v. Las Vegas Medical Center

OPINION

By the Court,

Rose, J.:

This is an appeal from a summary judgment entered against the appellant (hereinafter, Ms. Perez) in a wrongful death action. The district court held that Ms. Perez could not prove that the alleged negligence of the health care provider was the legal cause of the death, because the decedent probably would have died *3anyway due to his serious preexisting medical condition. We adopt the “loss of chance” doctrine for medical malpractice cases, and under that doctrine Ms. Perez raised genuine issues of material fact to the district court. Accordingly, we reverse the…