Posts tagged Wrongful Death

• Allstate Takes Major Hit in Nevada

  Steve Klearman | January 09, 2007 3:12 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  For years, Allstate has managed to anger trial attorneys and others with its practices.Now, the Nevada judiciary has given Allstate special dubious recognition. I borrow from an email that my colleague, Nevada attorney Peter Chase Neumann, sent to me recently:On December 28, 2006, the Nevada Supreme Court issued a 35-page opinion by Justice Hardesty for an en banque court (over a short dissent...

• Your Prescription History Report

  Steve Klearman | December 15, 2006 2:33 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Ever wonder how easy it is for just anyone to access your healthcare records? That's a complex subject that we'll explore more of here at this blog.Here's an initial observation. I received an email today from a national litigation support service informing me that for a price I could discover a 5-year list of all prescription information with respect to a given client or defendant.Of course,...

• How Private is Your Health Information?

  Steve Klearman | December 14, 2006 2:20 PM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This will be an ongoing topic starting today. As a technology-obsessed attorney, our privacy as healthcare consumers interests (distresses) me.A recent example: I had a small, simple auto accident case in which my client was the passenger in a vehcle that was hit. Clear liability any way you look at it. My client broke bones. Her only medical claim related to those broken bones. ...

• Attorney Client Privileges - Terms Defined

  Steve Klearman | December 06, 2006 9:12 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Last blog we looked at the definition of attorney/client privilege in Nevada.This blog we examine the definitions within the definition.For instance, under Nevada law, the term "client" is defined as follows:49.045. "Client" defined"Client" means a person, including a public officer,corporation, association or other organization or entity, either publicor private, who is rendered professional...

• Attorney Client Privilege Defined

  Steve Klearman | December 04, 2006 9:05 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  One of the most common privileges we hear about is the attorney/client privilege.The general scope of this privilege is set out in NRS 49.095 and provides:49.095. General rule of privilegeA client has a privilege to refuse to disclose, and to preventany other person from disclosing, confidential communications:1. Between himself or his representative and his lawyer orhis lawyer's...

• Evidentiary Privileges in Nevada

  Steve Klearman | November 30, 2006 8:59 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  The evidentiary concept of "privilege" protects certain types of disclosures in certain situations.NRS 49.015 provides, generally:49.015. Privileges recognized only as provided1. Except as otherwise required by the Constitution of theUnited States or of the State of Nevada, and except as provided inthis Title or Title 14 of NRS, no person has a privilege to:(a) Refuse to be a witness;(b) Refuse...

• Blog Ho!

  Steve Klearman | November 29, 2006 8:44 AM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I surf around and see the proliferation of blogs I'm forced to ask myself (and occasionally others) whether anyone really reads them. There's obviously so much information out there right now, and so many different forms of media, that one must wonder who actually has the time to read blogs.But of course people do read blogs because blogs deliver targeted information. This blog, for...

• South Dakota Jail for Judges Initiative

  Steve Klearman | October 18, 2006 9:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  Ever wonder what sort of recourse you have against a judge?There's a fascinating and disturbing constitutional amendment on South Dakota's November ballot.Here's an editorial dated October 17, 2006 from the Press & Dakotan, which can be found at http://www.yankton.net/stories/101706/opEd_796101706.shtml:South Dakota's proposed Constitutional Amendment E -- the so-called J.A.I.L. amendment -- on...

• Proving a Medical Malpractice Case in Nevada - Part IV

  Steve Klearman | September 06, 2006 9:21 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Here is the final installment of cases that deal with proving medical malpractice claims in Nevada:In an informed consent case, plaintiff's assertion that he or she would have refused treatment must be reasonable under the circumstances. Smith v. Cotter, 107 Nev. 267, 810 P.2d 1204 (1991).In determining reasonableness, the court may consider testimony of the patient as well as medical evidence...

• Proving a Medical Malpractice Case in Nevada - Part III

  Steve Klearman | September 04, 2006 9:17 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Here is the third installment of cases that deal with proving a medical malpractice case in Nevada:To prove medical malpractice, plaintiffs must first establish the accepted standard of medical care or practice, and then must show that the doctors' conduct departed from that standard, and legally caused injuries suffered. Fernandez v. Admirand, 843 P.2d 354, 108 Nev. 963 (1992).To prevail in a...