Posts tagged medical malpractice

• Expert Affidavits Required in Nevada Medical Malpractice Actions

  Steve Klearman | January 18, 2006 4:52 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Although medical malpractice is really a form of negligence, it must be proven through the use of expert witnesses. Doctors are usually needed to evaluate cases and to testify against other doctors. Similarly, nurses are frequently required to testify against other nurses. Defense lawyers hire their own experts in an effort to defeat the plaintiff's case. In medical malpractice trials, the jury...

• Endoscopy Center of Southern Nevada is Forcibly Closed

  Peter Wetherall | February 29, 2008 5:00 PM | 0 CommentsLas Vegas, NV Category: Medical Malpractice
  

  The local CBS television affiliate just reported that the City of Las Vegas's Department of business licensing revoked the business license of the Endoscopy Center of Southern Nevada this afternoon. The principals of that company have been directed to a hearing before the City Council scheduled for Monday, at which time the company will have an opportunity to appeal the Licensing Department's...

• Personal Email May Be Discoverable

  Steve Klearman | September 17, 2007 8:21 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  This entry was sent to me today by Scott Roseland at CyberControls.net:Around the same time that a number of White House staff members were trying to extricate themselves from the probing questions of certain congressional inquiries about personal e-mail accounts being used to allegedly bypass the official government provided e-mail service, a very interesting survey was being released called,...

• Ageism and Medical Malpractice

  Steve Klearman | April 27, 2007 8:50 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  In a new article courtesy of AAJ, attorneys Elizabeth Faiella and Peter Gulden examine the issue of "ageism" in health care and litigation.They write, among other things:When the plaintiff has suffered injury because of a doctor's failure to diagnose cancer or provide adequate treatment, the lawyer can count on jurors to hold certain biases. They have been conditioned to believe that medical...

• The Elements of a Negligence Claim in Nevada

  Steve Klearman | June 02, 2006 4:30 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  The elements of a negligence claim in Nevada are as follows:1. Defendant owed a duty of care to plaintiff;2. Defendant breached that duty;3. The breach was the legal cause of plaintiff's injuries; and,4. Plaintiff suffered damages.Scialabba v. Brandise Construction Co., 112 Nev. 965, 921 P.2d 928 (1996).The Nevada Supreme Court has dealt with and discussed many fact situations in which...

• Does Nevada Have Jurisdiction? Part III

  Steve Klearman | February 13, 2008 9:52 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  This is the last part of my three-part series on the issue of whether Nevada has jurisdiction over a doctor who practices medicine over the Internet from a different state.1. Many States Have Recognized The Propriety Of Exercising Jurisdiction Over Nonresident DoctorsCourts have found jurisdiction over nonresident doctors where they purposefully directed their actions at plaintiffs' states. ...

• Doctors Attempt 'No Sue" Clause

  Steve Klearman | May 28, 2007 6:40 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Some doctors in New Jersey are now asking their patients to sign away their legal rights. The American Association of Justice cites to Dick Dahl's story published at LawyersUSA:A group of New Jersey ob-gyns has begun asking prospective patients to sign away their right to a jury trial, touching off a debate about the enforceability of the waivers. Citing the high cost of medical malpractice...

• AB 483 Revises Procedures on Execution of Property

  Steve Klearman | October 29, 2007 12:42 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Assembly Bill No. 483 dated March 20, 2007 revises Nevada law regarding the execution of property and wages from a judgment debtor. The bill makes personal property whose total value does not exceed $1,000.00 exempt from execution. It also exempts tax refunds from federal earned income credit or a similar state law from being garnished. The original bill includes the proper forms for a notice of...

• Statute of Limitations in Nevada Medical Malpractice Cases

  Steve Klearman | January 18, 2006 5:31 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Nevada's 2004 ballot initiative, concieved and created by the U.S. medical malpractice insurance lobby, and naively passed by Nevada's voters (who thought that they were voting to "keep doctors from moving out of Nevada"),contains a new one-year statute of limitations that severely curtails the rights of Nevada's medical malpractice victims.Nevada statute 41A.097 provides: 1. Except as...

• Does Nevada Have Jurisdiction? Part II

  Steve Klearman | January 18, 2008 7:58 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  This is the second part of what will be a three-part blog. See yesterday's blog for the issue that the following argument addresses:A. The Fiduciary Shield Doctrine Is Not Law In Nevada And Even If It Were It Would Not Preclude An Exercise Of JurisdictionThe fiduciary shield doctrine, a flawed legal theory that has generated confusion and countless inconsistent exceptions, provides that acts...