Legal Opinion

Szydel v. Markman

Nevada Supreme Court

Decided August 11, 2005No. 42663PublishedCited by 39 opinions

1Opinion of the Court

OPINION

By the Court,

Rose, J.:

In this appeal, we consider whether a medical malpractice action filed under Nevada’s res ipsa loquitur statute, NRS 41A.100, which does not require expert testimony at trial, must include a medical expert affidavit, as mandated by NRS 41A.071. We conclude that the expert affidavit requirement does not apply when the malpractice action is based solely on the res ipsa loquitur doctrine.

FACTS

On June 22, 2001, respondent Dr. Barry Markman performed a bilateral mastopexy, or breast lift, operation on appellant Annette Szydel. After Dr. Markman completed the procedure…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. Hubbard Ex Rel. Hubbard v. ReedSupreme Court of New Jersey · 2001
  2. City Council of Reno v. Reno Newspapers, Inc.Nevada Supreme Court · 1989
  3. Palanque v. Lambert-WoolleySupreme Court of New Jersey · 2001
  4. Estate of Chin v. St. Barnabas Medical CenterSupreme Court of New Jersey · 1999
  5. County of Clark Ex Rel. University Medical Center v. UpchurchNevada Supreme Court · 1998

8 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Zeier v. Zimmer, Inc.Supreme Court of Oklahoma · 2006
  2. Davis v. BelingNevada Supreme Court · 2012
  3. Washoe Medical Center v. Second Judicial District Court of the State of Nevada ex rel. County of WashoeNevada Supreme Court · 2006
  4. Fierle v. PerezNevada Supreme Court · 2009
  5. LIMPRASERT v. PAM SPECIALTY HOSP. OF LAS VEGAS LLCNevada Supreme Court · 2024

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API