InjuryBoard Reno Archives

• Proving a Medical Malpractice Case in Nevada - Part II

  Steve Klearman | August 30, 2006 9:12 AM | 1 Comments
  Category: Medical Malpractice

  This blog I will continue with Nevada Supreme Court case selections that pertain to proving medical malpractice claims in Nevada. As always, when I list holdings from multiple cases, selections are listed in chronological order starting with more recent cases:In a medical malpractice case, under the traditional doctrine of res ipsa loquitur, the presumption of negligence arises after plaintiff...

• Proving a Medical Malpractice Claim in Nevada - Part I

  Steve Klearman | August 28, 2006 9:06 AM | 0 Comments
  Category: Medical Malpractice

  Last blog, I listed an excerpt from my new book that included many fact situations that give rise to medical malpractice claims in Nevada.This blog I will concentrate on those cases that discuss proving medical malpractice claims in Nevada and in the next two blogs I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the...

• Nevada Medical Malpractice Fact Patterns - Part II

  Steve Klearman | August 23, 2006 9:02 AM | 0 Comments
  Category: Medical Malpractice

  Here are further case facts from some of Nevada's most notable medical malpractice cases:Common-law professional medical standard for informed consent, rather than a patient-oriented standard of informed consent, applies to the chiropractic field. Bronneke v. Rutherford, 120 Nev. 230, 89 P.3d 40 (2004).Consent to treatment may be express or implied. By seeking chiropractic treatment,...

• Nevada Medical Malpractice Fact Patterns - Part I

  Steve Klearman | August 21, 2006 8:57 AM | 0 Comments
  Category: Medical Malpractice

  Here are facts from some of Nevada's most notable medical malpractice cases:Plaintiff underwent surgery for treatment to his shoulder, but suffered an injury to his brain, causing his vegetative state.  The brain is not directly or proximately related to the rotator cuff surgery.  Therefore, the district court did not abuse its discretion when it submitted a res ipsa loquitur instruction to...

• U.S. Supreme Court Limits the Need for Medicaid Reimbursement

  Steve Klearman | August 18, 2006 9:34 AM | 0 Comments
  Category: Medical Malpractice

  The following excerpt comes from ATLA:ATLA in motion: CCL reportJuly 2006 | Volume 42, Issue 7The U.S. Supreme Court handed injured plaintiffs a significant victory on May 1, ruling unanimously to limit state Medicaid agencies' claims for reimbursement to the portion of any tort settlement attributable to past medical expenses. The agencies may not claim any part of a plaintiff's recovery for...

• The Elements of a Medical Malpractice Claim in Nevada

  Steve Klearman | August 18, 2006 8:53 AM | 0 Comments
  Category: Medical Malpractice

  Here are the elements of a medical malpractice claim in Nevada:1. Defendant physician, hospital or employee of a hospital, failed, in rendering services, to use the reasonable care, skill or knowledge ordinarily used in similar circumstances;2. Defendant's conduct was the actual and proximate cause of plaintiff's injury; and, 3. Plaintiff suffered damages.NRS 41A.009; See, Prabhu v. Levine, 112...