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WHEBLE v. EIGHTH JUDICIAL DIST. COURT

No. 58774.

272 P.3d 134 (2012)

Janet WHEBLE, P.A.-C; and Janet Wheble, P.A.-C, Ltd., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK, and the Honorable Gloria Sturman, District Judge, Respondents, and Robert Ansara, as Special Administrator of the Estate of Andrew Pedretti; Karen Grzeda, Individually; Alok Chandra Saxena, M.D., Individually; Vegas Valley Primary Care, a Nevada Corporation; and Alok C. Saxena, M.D., Chartered, a Nevada Corporation, Real Parties in Interest.

Supreme Court of Nevada.

March 1, 2012.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP and S. Brent Vogel and Erin E. Dart , Las Vegas, for Petitioners.

John H. Cotton & Associates, Ltd., and John H. Cotton and Katherine L. Turpen , Las Vegas, for Real Parties in Interest Alok Chandra Saxena, M.D.; Alok C. Saxena, M.D., Chartered; and Vegas Valley Primary Care.

Nursing Home Justice Center and Terry A. Coffing , Micah S. Echols , and Jamie A. Frost , Las Vegas, for Real Parties in Interest Robert Ansara and Karen Grzeda.

Before DOUGLAS, HARDESTY and PARRAGUIRRE, JJ.

OPINION

PER CURIAM:

In this petition for extraordinary writ relief, we must determine whether the district court can apply NRS 11.500, Nevada's "savings statute," to save otherwise time-barred medical malpractice claims that have been previously dismissed for failure to comply with the affidavit requirements of NRS 41A.071. We conclude that NRS 11.500 does not save medical malpractice claims dismissed for failure to comply with NRS 41A.071 because...

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