Wheble v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark

OPINION

In this petition for extraordinary writ relief, we must determine whether the district court can apply NRS 11.500, Nevada’s “savings statute,” to save otherwise time-barred medical malpractice claims that have been previously dismissed for failure to comply with the affidavit requirements of NRS 41A.071. We conclude that NRS 11.500 does not save medical malpractice claims dismissed *121for failure to comply with NRS 41A.071 because these claims are void, and NRS 11.500 applies only to actions that have been “commenced.” Thus, writ relief is appropriate here.

FACTS AND PROCEDURAL HISTORY

On…