Legal Opinion

Washoe Medical Center v. Second Judicial District Court of the State of Nevada ex rel. County of Washoe

Nevada Supreme Court

Decided December 28, 2006No. 45763PublishedCited by 69 opinions

1Opinion of the Court

OPINION

By the Court,

Hardesty, J.:

In this appeal, we address whether a plaintiff in a medical malpractice action may amend her complaint, under NRCP 15(a), to comply with NRS 41A.071, which requires that complaints for medical malpractice be accompanied by a medical expert affidavit. Real party in interest, Billie Faye Barker, sued petitioner, Washoe Medical Center, and her doctor, Bradley Glenn, M.D.,1 for alleged negligence during a surgical procedure. Barker filed her complaint one day before the statute of limitations ran but failed to include the required medical expert affidavit. Under…

2Cases cited20 opinions

  1. Smith v. Eighth Judicial District Court of State of NevadaNevada Supreme Court · 1997
  2. Beazer Homes Nevada, Inc. v. Eighth Judicial District Court of the State of NevadaNevada Supreme Court · 2004
  3. Thigpen v. NgoSupreme Court of North Carolina · 2002
  4. Harris Associates v. Clark County School DistrictNevada Supreme Court · 2003
  5. Holmes v. Michigan Capital Medical CenterMichigan Court of Appeals · 2000

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3Cited by69 opinions

  1. Leven v. FreyNevada Supreme Court · 2007
  2. Picus v. Wal-Mart Stores, Inc.District Court, D. Nevada · 2009
  3. MountainView Hospital, Inc. v. Eighth Judicial District Court of the State of Nevada ex rel. County of ClarkNevada Supreme Court · 2012
  4. Johanson v. Eighth Judicial District CourtNevada Supreme Court · 2008
  5. Pawlik v. Shyang-Fenn DengNevada Supreme Court · 2018

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