Pope v. Gray

OPINION

This is an appeal from a dismissal granted pursuant to NRCP 41(b) at the conclusion of plaintiffs’ case in an action for wrongful death allegedly resulting from medical malpractice. The trial *360judge held that the action was timebarred by the applicable statute of limitations, NRS 41A.097. We disagree, reverse and remand.

The Facts

On May 8, 1982, Eva Magill, seventy-four, vomited a bloody fluid and was taken by her daughter, Eva Lynn Pope, to the Carson-Tahoe Hospital. The next day respondent Dr. Thomas performed tests on Magill to diagnose her problem. Later that day, he and…