Yafchak v. South Las Vegas Medical Investors, LLCAnnotate this Case
The Supreme Court reversed the order of the district court dismissing Plaintiff's complaint for failure to attach an affidavit of merit after concluding that her allegations sounded in professional negligence, holding that remand for further proceedings was required.
At issue in this case was the relationship between Nevada's professional negligence statutes, Nev. Rev. Stat. Ch. 41A, and Nevada's elder abuse statute, Nev. Rev. Stat. 41.1395, and the statutes' application to claims against skilled nursing home facilities. The district court concluded that Plaintiff's allegations sounded in professional negligence, which claims require Plaintiffs to include an affidavit of merit as part of their complaint, and then dismissed the complaint for failure to attach such an affidavit. The Supreme Court reversed, holding (1) on the face of Plaintiff's complaint it was unclear whether the gravamen of her claims sounded in professional negligence rather than elder abuse; and (2) remand was required for further factual development before such a determination can be reached.