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BORGER v. DIST. CT.

No. 42128.

102 P.3d 600 (2004)

Alan M. BORGER, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF CLARK, and the Honorable Nancy M. Saitta, District Judge, Respondents, and James V. Lovett, M.D., F.A.C.S., Individually; Lewis & Lovett, Ltd., D/B/A Desert West Surgery; Dipak K. Desai, M.D., F.A.C.G., Individually; and Endoscopy Center of Southern Nevada, L.L.C., D/B/A Gastroenterology Center of Nevada, Real Parties in Interest.

Supreme Court of Nevada.

December 29, 2004.

Attorney(s) appearing for the Case

John L. Hilts, Las Vegas; Leslie H. Wolf, Incline Village, for Petitioner.

Lauria Tokunaga & Gates, LLP, and Anthony D. Lauria, Sacramento, California, for Real Parties in Interest Dipak Desai and Endoscopy Center of Southern Nevada, d/b/a Gastroenterology Center of Nevada.

Lewis Brisbois Bisgaard & Smith, LLP, and V. Andrew Cass and Jeffrey D. Olster, Las Vegas, for Real Parties in Interest James Lovett and Lewis & Lovett, d/b/a Desert West Surgery.

Before ROSE, MAUPIN and DOUGLAS, JJ.

OPINION

MAUPIN, J.

This original petition for a writ of mandamus challenges district court orders dismissing petitioner's medical malpractice action and denying his motion to amend his malpractice complaint. Because the petition involves important issues of law concerning the expert witness certification requirements of recently enacted NRS 41A.071, issues that merit clarification to further judicial economy in this case and in general, we grant this...

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