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SZYDEL v. MARKMAN

No. 42663.

117 P.3d 200 (2005)

Annette SZYDEL and Kevin Szydel, Individually, and as Husband and Wife, Appellants, v. Barry MARKMAN, M.D., Respondent.

Supreme Court of Nevada.

August 11, 2005.

Attorney(s) appearing for the Case

Murdock & Associates, Chtd., and Robert E. Murdock, Las Vegas, for Appellants.

John H. Cotton & Associates, Ltd., and Anthony J. D'Olio and Mara E. Fortin, Las Vegas, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

By the Court, ROSE, J.:

In this appeal, we consider whether a medical malpractice action filed under Nevada's res ipsa loquitur statute, NRS 41A.100, which does not require expert testimony at trial, must include a medical expert affidavit, as mandated by NRS 41A.071. We conclude that the expert affidavit requirement does not apply when the malpractice action is based solely on the res ipsa loquitur doctrine.

FACTS

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