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Important Requirements When Filing Medical Malpractice Lawsuit


Anyone who is severely harmed because of the professional negligence of their physician may be entitled to compensation if they follow the rules for medical malpractice lawsuits. In a recent case involving a man who developed complications from a surgical procedure, the court issued a ruling dismissing the lawsuit, not on its merits but mainly because of the plaintiff’s failure to attach a medical affidavit as required by Nevada statute.

Medical Malpractice Allegations

According to the lawsuit, the defendant doctor operated on the plaintiff’s shoulder and later removed the sutures made in the first surgery. Problems started some 6 years after the surgery when the plaintiff started feeling intense pain on the same shoulder. The plaintiff consulted another doctor and discovered that the defendant doctor had not removed all the sutures which were made of a material that had been the subject of a product recall. Plaintiff then claimed that the defective suture materials caused his shoulder infection and instituted a medical malpractice lawsuit against the defendant in 2017.

Medical Expert’s Affidavit

Section 41A.071 of the Nevada Revised Statutes require the submission of an affidavit supporting the action based on medical negligence or medical malpractice. The same law spells out the medical affidavit’s requirements such as:

  • The execution of the affidavit by a medical expert whose practice is similar to the practice of the defendant
  • The affidavit must state the name of the alleged negligent doctor or medical provider
  • The affidavit must specify the alleged acts of negligence in concise terms

Effect of Failure to Attach Affidavit

Without the supporting medical expert’s affidavit, the complaint is considered void and the court must dismiss it. While the case dismissal for failure to submit a supporting medical affidavit is without prejudice, i.e. the plaintiff can refile the action and attach the supporting affidavit next time, the injured party’s claim may later fail due to the lapse of the prescription period for filing medical malpractice lawsuits. This is why it’s imperative that anyone with a claim for medical negligence must engage only experienced and seasoned personal injury lawyers for their cases.

Representing Las Vegas Clients

Personal injury lawsuits are governed by complex sets of technical rules and are best handled by experienced legal professionals. In Las Vegas, Nevada, the law firm of Bertoldo Carter Smith & Cullen have years of experience in medical malpractice cases and other types of personal injury lawsuits. We have helped clients obtain over $100 million in settlements and court verdicts. Let us help you, too. 

Call us today at (702) 505-8115 to arrange for your free consultation with one of our friendly attorneys.
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