Posts tagged Nevada

• Hospitals More Dangerous After Dark

  Steve Klearman | February 19, 2008 4:58 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  A new study that appears in the Journal of the American Medical Association concludes that the graveyard shift in hospitals is the most dangerous time for a patient to require a "code blue" for a stopped heart. Researchers found that among the late night cases studied, there were a higher portion of instances where patients were discovered with no heart electrical activity; that is, too late to...

• Nevada Equitable and Legal Claims at Trial

  Steve Klearman | February 15, 2008 10:10 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  On December 27, 2007 the Nevada Supreme Court clarified in Awada v. Shuffle Master, Inc., 123 Nev. Adv. Op. No. 57, the manner in which a Nevada District Court may handle mixed claims for legal and equitable relief at trial and found as follows:In this appeal, we consider the primary issue of whether a district court has the authority to bifurcate the legal and equitable claims presented in a...

• Update on Nevada Allstate Attorney Misconduct Case

  Steve Klearman | February 14, 2008 10:00 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  In the ongoing squabble over Allstate defense attorney Phil Emerson's repeated misconduct in arguing cases at trial, the Nevada Supreme Court rendered its latest decision on January 17, 2008.In its introduction to Lioce v. Cohen, 124 Nev. Adv. Op. No. 1, the Court stated:On December 28, 2006, this court issued an opinion in these consolidated appeals.[2] The defendants in each of the four...

• 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. ...

• Back from Other Places

  Steve Klearman | February 12, 2008 5:40 PM | 0 CommentsReno, NV Category: Miscellaneous
  

  I've been wrapped up in litigation lately and otherwise trying to take advantage of the epic snow that we've been seeing; and I've therefore been remiss in finishing the last of the series I started. I will do that within a day or two.In the brief time I've been away there have been major medical discoveries, the Internet went down for one side of the world, Blackberry stopped working for a...

• Nevada Medical Malpractice Statute of Limitations

  Steve Klearman | January 18, 2008 9:18 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  I will get back to my three-part series on the Nevada jurisdictional question we were analyzing on Monday or Tuesday. First, though, since I've recently mentioned the insurance industry's fraud on the Nevada voters otherwise known as KODIN, I reprint below Nevada's highly restrictive statute of limitations. If you've been injured as a result of Nevada medical malpractice, the statute below...

• Allstate Gets the Boot in Florida

  Steve Klearman | January 18, 2008 9:05 AM | 0 CommentsReno, NV Category: Automobile Accidents
  

  Here's a plug for Trial Guides at www.trialguides.com. The following interesting news comes from their enewsletter of today's date.This week, Florida Insurance Commissioner Kevin McCarty announced that he is suspending Allstate Insurance companies from writing new insurance in Florida. McCarty's choice follows Allstate's refusal to comply with subpoenas served October 16 by the Office of...

• 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...

• Does Nevada Have Jurisdiction Over an Out of State Doctor Who Treats Nevada Patients Over the Internet?: Nevada Issue of First Impression

  Steve Klearman | January 17, 2008 3:07 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  ISSUE: Whether a doctor practicing medicine in Nevada remotely over the Internet, for a California medical group that contracts with a Nevada medical group to render medical services remotely over the Internet and contractually agrees to be bound by the laws of Nevada, is subject to the jurisdiction of the Nevada courts?This is the issue of first impression that presents itself in the context...

• Thorny Issues a Daily Staple in Nevada Medical Malpractice Cases

  Steve Klearman | January 16, 2008 1:42 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Any attorney who works in medical malpractice law in Nevada (and there are fewer and fewer of us) knows that difficult issues arise every week.Many of these issues are presented by people who are searching for attorneys.A common issue, after the unfortunate passage of the so-called KODIN legislation, is whether the statute of limitations has run in a particular medical malpractice case.We often...