Baxter v. Dignity Health
Annotate this CasePlaintiff filed a medical malpractice action against Defendants-medical providers. Before filing suit, Plaintiff consulted with a medical expert from whom he obtained a supporting declaration required by Nev. Rev. Stat. 41A.071. Plaintiff, however, did not attach the declaration to the complaint but instead filed the complaint by itself and filed the separately captioned declaration the following morning. Plaintiff’s complaint incorporated the medical expert’s declaration by reference and both were served together on Defendants before the statute of limitations ran. The district court dismissed the malpractice action on the grounds that Plaintiff’s action was defective because it was filed without the expert affidavit supporting its allegations required by section 41A.071. The Supreme Court reversed, holding that section 41A.071 did not require dismissal under the circumstances of this case.
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