Posts tagged Medical Malpractice

• 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...

• Medical Malpractice Reform Does Not Deliver in Texas

  Steve Klearman | November 08, 2007 1:13 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Rural Texas is still waiting for the doctors tort reform was supposed to deliver. This comes from the American Association of Justice quoting Suzanne Batchelor writing for the Texas Observer:The flood of beguiling baby photographs began cascading into mailboxes across Texas as the 2003 fall election drew near. Gracing the cover of a slick brochure, the infant smiled as a stethoscope--held by an...

• 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...

• Proving a Negligence Claim in Nevada - Part I

  Steve Klearman | June 11, 2006 1:23 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

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

• 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...

• Stages Of Litigation In Nevada

  Steve Klearman | December 18, 2005 9:53 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  There are numerous types of courts in Nevada, but injury cases are generally handled in the Nevada district court system.Generally speaking, there are two phases to most cases: 1) the settlement phase, and 2) the litigation phase. The litigation phase of a case can be divided into three distinct stages: 1) the complaint and answer stage, 2) the discovery stage, and 3) the trial stage.This is the...

• Nevada Hepatitis Warning - Endoscopy Center of Southern Nevada Malpractice

  Steve Klearman | February 29, 2008 8:52 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Alright, let's get into this.The subject of controversy is an entity known as Southern Nevada Endoscopy Center.The Nevada Secretary of State indicates two limited liability companies registered under that name, both active:The first reflects that Clifford Carrol, MD and the Hari Om Limited Partnership are officers.The second company, which has the same name but is listed as Endoscopy Center of...

• Nevada Medical Board a Subject of Scrutiny

  Steve Klearman | December 29, 2007 10:37 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  As reported yesterday, the Nevada State Board of Medical Examiners disciplined a record number of doctors at its last meeting.The Board has come under scrutiny in recent years for a variety of practices. In fact, according to a Reno Gazette Journal article dated December 12, 2007, our Nevada Board is one of the worst in the United States for disciplining doctors. A Reno Gazette Journal inquiry...

• Relationship Between Low LDL and Cancer

  Steve Klearman | August 01, 2007 7:23 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  This from an email to me yesterday from Indox Consulting. More contradictions in medical research:Results from a new analysis, initially designed to determine whether there was a correlation between the extent to which statins lowered low-density lipoprotein (LDL)-cholesterol levels and liver and muscle toxicity, suggests that the cardiovascular benefits of achieved levels of LDL cholesterol...

• 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...