MARTINEZ v. MARUSZCZAK

No. 44347.

168 P.3d 720 (2007)

John G. MARTINEZ, M.D., Appellant, v. Mary Dolores MARUSZCZAK and Lisa M. Krol, Surviving Heirs of Robert Maruszczak, Deceased; and Emily Watson, as Special Administratrix of the Estate of Robert Maruszczak, Deceased, Respondents.

Supreme Court of Nevada.

October 11, 2007.


Attorney(s) appearing for the Case

John H. Cotton & Associates, Ltd., and John H. Cotton and Mara E. Fortin, Las Vegas, for Appellant.

Neil G. Galatz & Associates and Neil G. Galatz, Las Vegas, for Respondents.

Lewis & Roca, LLP, and Daniel F. Polsenberg, Las Vegas; Bradley, Drendel & Jeanney and Thomas E. Drendel, Reno, for Amicus Curiae Nevada Trial Lawyers Association.

BEFORE THE COURT EN BANC.


OPINION

By the Court, MAUPIN, C.J.:

In this appeal, we consider the extent to which sovereign immunity protects publicly employed physicians from common-law liability for medical malpractice. Our analysis necessarily turns on Nevada's statutory waiver of sovereign immunity and a statutory exception to that waiver, which immunizes state actors from liability for actions grounded upon the state, actor's exercise or performance of a discretionary function...

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