Dolorfino v. University Medical Center of Southern NevadaAnnotate this Case
The Supreme Court reversed the district court’s dismissal of Plaintiff’s lawsuit, holding (1) the tooth injury that Plaintiff sustained during an emergency hysterectomy was not “directly involved” or “proximate” to her hysterectomy that required an endotracheal intubation to safely anesthetize her; and (2) therefore, Plaintiff was not required to attach a medical expert’s affidavit to her complaint.
Plaintiff’s tooth injury was allegedly caused by the actions of an anesthesiologist who performed an endotracheal intubation on Plaintiff. Plaintiff sued the anesthesiologist and the hospital where she received the hysterectomy to recover for damages to her tooth. Defendants moved for summary judgment, arguing that the complaint must be dismissed pursuant to Nev. Rev. Stat. 41A.071 because it was not accompanied by a supporting affidavit from a medical expert. The district court concluded that the section 41A.071 affidavit requirement applied to all of Plaintiff’s claims and dismissed her case. The Supreme Court reversed, holding that dismissal of Plaintiff’s suit was unwarranted.