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Szymborski V. Spring Mtn. Treatment Ctr., 133 Nev. Adv. Op. 80 (Oct. 26, 2017), Paloma Guerrero Oct 2017

Szymborski V. Spring Mtn. Treatment Ctr., 133 Nev. Adv. Op. 80 (Oct. 26, 2017), Paloma Guerrero

Nevada Supreme Court Summaries

The Court determined medical malpractice, and subsequent adherence to NRS 41A.071, involves a medical diagnosis, treatment, or judgment, and when the standards of care pertaining to the medical issue require explanation to the jury from a medical expert at trial. Therefore, Szymborski’s claims for negligence, malpractice, gross negligence, negligence per se, and negligent hiring, training, and supervision state claims for relief which were not based on a medical treatment or judgment and should not have been dismissed for failure to attach the NRS 41A.071 affidavit.


State V. Second Jud. Dist. Ct. (Ayden A.), 132 Nev. Adv. Op. 33 (April 28, 2016), Audra Powell Apr 2016

State V. Second Jud. Dist. Ct. (Ayden A.), 132 Nev. Adv. Op. 33 (April 28, 2016), Audra Powell

Nevada Supreme Court Summaries

NRS 432B.6075 governs emergency admission of children with emotional disturbances to facilities for their protection, and requires a petition for continuance of admission after an emergency admission within five days of the involuntary placement.[1] Based on N.R.C.P. 6(a), which governs the computing of time for judicial purposes, the Court held that the five day limitation on filing a petition was based on judicial, not calendar, days. The Court granted the State’s petition for a writ of mandamus, directing the district court to vacate its order denying the State’s NRS 432B petition.


In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley Nov 2015

In Re Guardianship Of Hailu, 131 Nev. Adv. Op. 89 (Nov. 16, 2015), Adrienne Brantley

Nevada Supreme Court Summaries

The Court determined that under NRS § 451.007 (the Uniform Determination of Death Act) the District court failed to consider whether the American Association of Neurology (AAN) guidelines adequately measure all functions of the entire brain and whether the guidelines are considered accepted medical standards by states that have adopted the Act.


Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly Jul 2014

Summary Of Morrison V. Health Plan Of Nev., 130 Nev. Adv. Op. 55, Sean Daly

Nevada Supreme Court Summaries

The Court determined whether a Medicare beneficiary's state common law negligence claim against his private health insurance company, through which he is receiving his Medicare benefits, is preempted by the federal Medicare Act.