Nevada § 41A.071 Dismissal of action filed without affidavit of medical expert

Nevada Statutes

§ 41A.071 — Dismissal of action filed without affidavit of medical expert

Nevada·Title 3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS·Ch. 41A Actions

If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:

1.Supports the allegations contained in the action;

2.Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;

3.Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and

4.Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

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If an action for professional negligence is filed in the district court, the district court shall dismiss the action, without prejudice, if the action is filed without an affidavit that:
1. Supports the allegations contained in the action;
2. Is submitted by a medical expert who practices or has practiced in an area that is substantially similar to the type of practice engaged in at the time of the alleged professional negligence;
3. Identifies by name, or describes by conduct, each provider of health care who is alleged to be negligent; and
4. Sets forth factually a specific act or acts of alleged negligence separately as to each defendant in simple, concise and direct terms.

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