TaiLexi AI U.S. Case Law
80 cases · terms & connectors · 0.15 s
  1. 893 P.2d 345 Nevada Supreme Court March 30, 1995 No. 24587

    The Grecos, mother and child, in this case seek to recover damages from the United States arising out of the negligence of physicians who, they claim, negligently failed to make a timely diagnosis of physical defects and anomalies

    We note that the mother is not claiming that her child’s defects were caused by her physicians’ negligence; rather, she claims that her physicians’ negligence kept her ignorant of those defects and that it was this negligence which

    The damage Sundi Greco has sustained is indeed causally related to her physicians’ malpractice. Sundi Greco’s claim here can be compared to one in which a physician negligently fails to diagnose cancer in a patient.

  2. Hansen v. Collett
    380 P.2d 301 Nevada Supreme Court April 4, 1963 No. 4562

    for negligent treatment of the injury where the injured person claims new and additional injury directly and proximately caused by the negligence and carelessness of the physician and surgeon and further where the injured party makes

    It does not in terms contain a reservation of the right to seek compensation from the doctors treating appellant’s injury, for negligence in such treatment.

    “It is settled that where one who has suffered personal injuries by reason of the tortious act of another exercises due care in securing the services of a doctor and his injuries are aggravated by the negligence of such doctor, the

  3. 149 P. 188 Nevada Supreme Court October 15, 1915 No. 2144

    in furnishing plaintiff an unskilled and negligent doctor to give him "first-aid treatment.”

    Plaintiff’s second cause of action, which was based upon the alleged negligence of the doctor in giving the "first-aid treatment," was voluntarily dismissed by plaintiff; but, notwithstanding the dismissal, the court, at plaintiff’

    of the doctor who gave the "first-aid treatment."

  4. 775 P.2d 1271 Nevada Supreme Court June 22, 1989 No. 18971

    On September 30, 1985, appellants, Charles and Beverly Oehler, filed a complaint against respondent and numerous physicians, including Dr. Christensen, alleging that they had negligently treated her medical problems.

    First, appellants contend that a hospital can be held liable for negligently supervising a nonemployee physician with medical staff privileges under the corporate negligence theory of liability.

    Therefore, a hospital may be liable for the negligent *351 supervision of a nonemployee physician who has staff privileges under the corporate negligence theory of liability.

  5. 805 P.2d 589 Nevada Supreme Court February 1, 1991 No. 19905

    urged by respondents, the following is most fundamental: the respondents’ position would bar any recovery in tort on behalf of the survivors of many potentially terminal patients, no matter how blatant the health care provider’s negligence

    Through negligence, a physician or other health care provider could reduce a patient’s chances of survival from as high as fifty percent to, for example, ten percent, and yet remain unanswerable in the law of tort.

  6. Massey v. Litton
    669 P.2d 248 Nevada Supreme Court September 27, 1983 No. 14236

    In such circumstances, discovery of the physical injury is actually simultaneous with discovery of the only possible cause, and obvious negligence.

    In contrast, the damage here was consistent with postoperative recovery, and treatment was continued under the operating doctor who reassured the patient that there was no permanent damage.

    Appellant’s discovery of symptoms of dropped foot does not necessarily mean that she had discovered negligence, or that she had cause to suspect negligence. Her doctor showed no great concern until several months later.

  7. 555 P.3d 1192 Nevada Supreme Court September 19, 2024 No. 85968

    negligence claim as to the doctors was proper.

    The district court also found that the de Beckers' ordinary negligence claim was actually a claim for professional negligence. Further, 3The doctors' motion to dismiss was based on the de Beckers' original complaint.

    negligence claims was not met because the assertions therein were general and not specifically delineated as to each doctor.

  8. 170 P.3d 989 Nevada Supreme Court November 21, 2007 No. 44467

    sought injunctive relief and claimed rights to recover damages under theories of negligence and unjust enrichment based upon the statute.

    The Insurance Companies moved to dismiss the Doctors’ action with prejudice for lack of subject-matter jurisdiction, arguing that (1) the Doctors have no private right of action under the statute to bring suit in district court; (2

    Because the Doctors’ negligence and other claims stemmed solely from their untimely payment allegations, those claims are also subject to the administrative scheme and NDOI’s exclusive original jurisdiction. 23 See County of Clark

  9. 478 P.2d 154 Nevada Supreme Court December 22, 1970 No. 6152

    Next, a “complaint-letter” was sent, on September 6, 1967, to the Joint Screening Panel of the Washoe County Medical Society and the Washoe County Bar Association, charging Doctor Greear with professional negligence.

    A hearing was held by that board on December 12, 1967, and the board concluded that there was no possible basis for the negligence charge.

    He never was served, and so, 4 years after the act of negligence allegedly occurred, and 2 years after the complaint had been filed against him, Doctor Greear filed his 41(e) motion to dismiss for want of prosecution.

  10. 849 P.2d 291 Nevada Supreme Court March 24, 1993 No. 22397

    The Board’s power was not exercised for the proper and commendable purpose of protecting the public from incompetent and negligent physicians.

    Instead, the Board wielded its power to ruin the career of an outspoken physician while simultaneously protecting a possibly negligent or incompetent practitioner who had questionable billing procedures.

  11. Bull v. McCuskey
    615 P.2d 957 Nevada Supreme Court August 21, 1980 No. 10732

    Apparently, her bed sores resulted either from her refusal to follow directions, or her inability to do so, and were not traceable to any conduct of the doctor. In October 1974, Milan Jeffers contacted attorney Bull.

    McCuskey with malpractice, and the Physicians’ Hospital with negligence then was filed.

  12. Dutt v. Kremp
    844 P.2d 786 Nevada Supreme Court December 31, 1992 No. 22329
    Cited by 7 Dissent · Steffen

    As a result, respondent physicians’ counsel was forced to depose a California physician, Dr. Domz, whom Dutt identified as having information concerning the respondent physicians’ negligence.

    A client may, without any knowledge of the adequacy of his or her medical treatment, tell the attorney that the physician negligently treated him, describing the basis for his or her opinion.

  13. 584 P.2d 159 Nevada Supreme Court September 18, 1978 No. 9410

    That as a direct and proximate result of the negligence of the defendants ... it was necessary for plaintiff to have and procure competent physicians and surgeons... . IX.

    [T]hat by reason of the negligence of the defendants ... plaintiff has suffered and will continue in the future to suffer loss of income... .

  14. 799 P.2d 564 Nevada Supreme Court October 25, 1990 No. 20469

    Gary Hoffman, alleging that the negligence of these doctors had been the cause of Alexander’s injuries. Just prior to trial, appellants reached a monetary settlement with Dr.

  15. Dutt v. Kremp
    894 P.2d 354 Nevada Supreme Court April 27, 1995 No. 22329
    Cited by 19 Dissent · Steffen

    Domz, the Santa Barbara physician upon whom Dutt was allegedly going to rely for proving his case of medical negligence on the part of the Reno physicians; (15) Dr.

    A client may, without any knowledge of the adequacy of his or her medical treatment, tell the attorney that the physician negligently treated him, describing the basis for his or her opinion.

    Moreover, after filing suit, Dutt also took no depositions, although he forced the respondent physicians to take the deposition of a California doctor by misleading representations indicating that the California physician would provide

  16. Egan v. Chambers
    299 P.3d 364 Nevada Supreme Court April 25, 2013 No. 56674

    The plain language of NRS 41A.071 makes no mention of professional negligence. NRS 41A.071 refers expressly to “medical malpractice,” which in turn is defined as pertaining to physicians, hospitals, and hospital employees.

    App. 1979) (“ ‘It is settled that an action against a doctor arising out of his negligent treatment of a patient is an action sounding in tort and not one based upon a contract.’ ” (quoting Bellah v. Greenson, 146 Cal.

  17. Fierle v. Perez
    219 P.3d 906 Nevada Supreme Court November 19, 2009 No. 49602

    The intent of the 2004 amendments that resulted in the definition of professional negligence was to overlay and expand the same protections that the Legislature attempted to provide for doctors in the state during the special legislative

    Further, to say that nurses are exempt from the NRS 41A.071 affidavit requirement would also require that physicians be exempt because claims for medical malpractice and professional negligence against physicians are identical claims

    As such, we conclude that NRS 41A.071 requires the attachment of expert affidavits for professional negligence claims against providers of health care, including nurses and nurse practitioners, as well as doctors, for any non-res ipsa

  18. 89 P.3d 40 Nevada Supreme Court May 12, 2004 No. 40222

    appellant’s instruction deviated from prior holdings that were consistent with the traditional view regarding medical standards of care, (2) NRS 41 A. 100 (1) (1979) .was “a general rule requiring plaintiffs to demonstrate the alleged negligence

    of a physicián with expert testimony,” and (3) there was insufficient expert testimony to support an informed-consent instruction. 16 We revisited the issue of a physician’s failure to obtain a patient’s informed consent in

    Although NRS 41A. 100(1), which requires expert medical testimony in negligence actions against physicians, dentists, registered *238 nurses or licensed hospitals, does not name chiropractors, we cannot agree with Bronneke’s position

  19. Smith v. Cotter
    810 P.2d 1204 Nevada Supreme Court April 30, 1991 No. 20913

    Liability for failure to obtain informed consent is grounded in negligence, in the sense that it is negligent for a doctor to fail to inform patients of certain risks. 5 Although Capanna had not been decided at the time the

  20. 168 P.3d 720 Nevada Supreme Court October 11, 2007 No. 44347

    Under this two-part test, state-employed physicians enjoy immunity from medical malpractice liability only when their allegedly negligent acts involve elements of judgment or choice, and the judgment or choice made is of the kind that

    Jane, 13 determined that physician faculty members of a state university medical school were not immune from negligence actions brought by university hospital patients.

    U.S., 850 F.2d 1, 2 (1st Cir. 1988) (concluding that a claim that a government doctor rendered negligent medical treatment, unaccompanied by any discretionary, policy-based conduct, falls outside the parameters of the discretionary-function

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