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1 month 4 weeks ago #239 by Joseph Allan Tommasino
Igtiben v. Eighth Jud. Dist. Ct.,



140 Nev. Adv. Op. No. 9



February 22, 2024



nvcourts.gov/supreme/decisions/advance_opinions



 Original petition for a writ of mandamus challenging a district court order denying a motion to dismiss a complaint in a professional negligence and wrongful death action.



 Petition granted.



BEFORE THE COURT OF APPEALS, GIBBONS, C.J., and BULLA and WESTBROOK, JJ.



By the Court, BULLA, J.:



Issue:



“In this original writ proceeding, we take the opportunity to address the accrual date of professional negligence and wrongful death claims under the applicable statute of limitations, NRS 41A.097(2).”   



Brief Answer:




“We emphasize that, unless there is an impediment to pursuing an action such as the concealment of medical records, once the plaintiff or the plaintiff’s representative has received all necessary medical records documenting the relevant treatment and care at issue, inquiry notice of a claim commences.



 Here, real parties in interest were placed on inquiry notice when they received the decedent's medical records of Christopher lgtiben, M.D.'s treatment, which were in fact subsequently utilized by their expert to prepare his affidavit of merit. Because real parties in interest did not file their complaint until after the pertinent statute of limitations expired, the district court erred in failing to dismiss the complaint and writ relief is warranted.”





Joe T.

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