BUCKWALTER v. EIGHTH JUDICIAL DIST. CT.

No. 55133.

234 P.3d 920 (2010)

Kevin Ray BUCKWALTER, M.D.; and Kevin Ray Buckwalter, M.D., Ltd., Petitioners, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the County of Clark, and The Honorable Douglas Herndon, District Judge, Respondents, and Donald L. Baile, Individually as Spouse and Heir, and as Special Administrator for the Estate of Barbara Ann Baile, Deceased; and Debra Baile, Individually as Daughter, Real Parties in Interest.

Supreme Court of Nevada.

June 24, 2010.


Attorney(s) appearing for the Case

John H. Cotton & Associates, Ltd., and John H. Cotton and Paul J. Hofmann, Las Vegas, for Petitioners.

White & Wetherall, LLP, and Peter C. Wetherall, Las Vegas, for Real Parties in Interest.

BEFORE HARDESTY, DOUGLAS and PICKERING, JJ.


OPINION

By the Court, PICKERING, J.:

This original writ proceeding asks us to decide whether a medical expert's declaration under penalty of perjury as provided in NRS 53.045 can satisfy the affidavit requirement stated in NRS 41A.071. We agree with the district court that it can and therefore deny writ relief.

I.

This is a medical malpractice action. The plaintiffs supported their complaint with the expert proof NRS 41A.071...

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